- 1 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100855 OF 2025 (EDN-RES) BETWEEN: S B SHIRKOLI HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL SANKESHWAR -591313 REPRESENTED BY ITS PRINCIPAL DR GIRISH B KULKARNI AGE 52 YEARS OCC PRINCIPAL …PETITIONER (BY SRI. CHETAN T LIMBIKAI & SRI. SUNIL DESAI, ADVOCATES) AND: 1. THE NATIONAL COMMISSION FOR HOMEOPATHY (NCH) GOVERNMENT OF INDIA 61-65 INSTITUTIONAL AREA OPPOSITE TO D BLOCK JANAKAPURI NEW DELHI 110058 REPRESENTED BY ITS SECRETARY. 2. THE MEDICAL ASSESSMENT AND RATING BOARD (MARBH) NATIONAL COMMISSION FOR HOMEOPATHY, 61-65 INSTITUTIONAL AREA OPPOSITE TO D BLOCK JANAKAPURI NEW DELHI 110058 REPRESENTED BY ITS PRESIDENT ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK JAYANAGAR BENGALURU 560041 REPRESENTED BY ITS REGISTRAR 4. THE UNION OF INDIA MINISTRY OF AYURVEDA YOGA UNANI SIDDA AND HOMEOPATHY AYUSH AYUSH BHAVAN B BLOCK G P O COMPLEX INA NEW DELHI 110023 REPRESENTED BY ITS SECRETARY 5. THE STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT M S BUILDING, DR AMBEDKAR BEEDHI BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. M.B. KANAVI., ADVOCATE FOR R1, R2 & R4; SRI. AVINASH BANAKAR., ADVOCATE FOR R3; SRI. M.M. KHANNUR., AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION / ENDORSEMENT DATED. 04-06-2024 BEARING NO. F. NO.4-7/2021-22/NCH(MA AND RB) (114-08)/960-966 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari by quashing the impugned communication/endorsement dated 04.06.2024 bearing No. F.No.4-7/2021-22/NCH (MA&RB) (114-08)/960-966 passed by the 1st respondent vide Annexure-A in the interest of justice and equity. ii. Issue a writ in the nature of certiorari quashing the impugned communication/endorsement dated 30.01.2025 bearing No. RGUHS/AC2/ADM/BHMS/H176/2021-22 issued by the R3-University vide Annexure-B in the interest of justice and equity. iii. Issue writ in the nature of mandamus directing the R3-University to consider the representation dated 28.09.2024 vide Annexure-G and consequently issue direction to the R3-University to announce/declare the results of 8 students and also direct the University not to insist take permission for declaration of results with regard to BHMS I & II students for the academic year 2021-22 in the interest of justice and equity. iv. Pass any other appropriate orders under the facts and circumstances of the case at hand. 2. The petitioner is aggrieved by the endorsements dated 4-6-2024 and 30-1-2025 at Annexures-A and - 4 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 B respectively, by virtue of which, the respondent by referring to the decision of the Hon’ble Apex Court in Medical Council of India vs. Vedantaa Institute of Academic Excellence Pvt. Ltd. in Civil Appeal No.5805/20181 contends that a college cannot be given a second chance to rectify their defects. They have to be in compliance with all the requirements as on the date on which the recognition is granted and, on that basis, it is contended that there being six deficiencies, the application of the petitioner could not be considered for the year 2021-22. Subsequently, in the year 2022-23, the deficiencies having been satisfied by the petitioner, recognition has been given for that year. 3. A perusal of the deficiencies which have been pointed out more particularly in Paragraph 8 of the submissions filed today would indicate that those deficiencies were as regards the mentioning of the 1 (2018) 7 SCC 225 - 5 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 post of lecturers, the date of joining and age proof. It is not that these persons were not appointed for the year 2021-22; it is only that certain of the information required to be given in a particular format and in a particular manner had not been provided by the petitioner - College. Thus, I am of the considered opinion that the decision of the Hon’ble Apex Court in Vedanta Institute's case would not be applicable to the present matter since that was a case where the Vedanta Institute had not complied with all the requirements and the compliance was made subsequently. In the present case the petitioner - College being in compliance but only the information not being provided in a particular manner cannot be said to attract the decision in the Vedanta institute's case. In that view of the matter, I pass the following: - 6 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. Endorsement dated 4.6.2024 passed by respondent No.1 vide Annexure-A is quashed. iii) A certiorari is issued. Endorsement dated 30.01.2025 issued by respondent No.3 vide Annexure-B is quashed. iv) A mandamus is issued directing respondent No.3 to consider the information furnished subsequently in the proper format and to grant approval of the students admitted by the petitioner - College and all incidental thereto including announcement of their results for the examination taken up subsequently. v) The time period for payment of the examination fee having expired is extended by a period of 4 days - 7 - NC: 2025:KHC-D:3543 WP No. 100855 of 2025 from today permitting the petitioner - college to make payment of the same by 25.02.2025. vi) Respondent No.3 - University is directed to formally accept the admission of the students of the petitioner - College and as also open the portal on 25.2.2025 to enable the petitioner – College to file such forms and applications as necessary to enable those students to take up the examination including payment of fees, if so required. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 38