- 1 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO. 102211 OF 2023 (EDN-AD) BETWEEN: 1. KARNATAKA PRIVATE HOMEOPATHIC MEDICAL COLLEGES MANAGEMENTS’ ASSOCIATION #103/6, 40FEET BDA ROAD, NGEF LAYOUT, MALLATHALLI, BENGALURU 560056. REPRESENTED BY ITS GENERAL SECRETARY, SRI K. CHANDRASHEKHAR S/O SRI HANUMANTHAPPA, AGED 73 YEARS. 2. DAKSHIN BHARAT HINDI PRADHAN SABHA’S DR. B.D. JATTI HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL, DHARWAD REP BY ITS PRINCIPAL, DR. VAISHNAVI D. SATISH W/O D.V. SATISH, AGED 48 YEARS 3. A.M. SHAIKH HOMOEOPATHIC MEDICAL COLLEGE BELAGAVI 590010. REP. BY PRINCIPAL, DR. SAEED AHMED SOUDAGAR, AGED ABOUT 53 YEARS. 4. BHARATESH HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL, BELAGAVI REP. BY ITS PRINCIPAL, DR. SHRIKANT B. KONKANI S/O BASAWANNI, AGED 56 YEARS …PETITIONERS (BY SRIYUTHS. G.K. HIREGOUDAR & OMKAR L. DESAI, ADVOCATES) AND: 1. NATIONAL COMMISSION FOR HOMEOPATHY NO. 61-65, OPP. ‘D’ BLOCK, INSTITUTIONAL AREA, JANAKPUR, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.20 09:58:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 NEWDELHI-110058. REPRESENTED BY ITS SECRETARY. 2. UNION OF INDIA, MINISTRY OF AYUSH AYUSH BHAWAN, ‘B’ BLOCK, GPO COMPLEX, INA, NEW DELHI 110023, REPRESENTED BY ITS SECRETARY. 3. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 4. DEPARTMENT OF AYUH, GOVERNMENT OF KARNATAKA, DHANWANTARI ROAD, GANDHINAGAR, BENGALURU 560009. REPRESENTED BY ITS COMMISSIONER. 5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU 560041. REPRESENTED BY ITS REGISTRAR. 6. KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560012, REPRESENTED BY ITS EXECUTIVE DIRECTOR. …RESPONDENTS (BY SRI. M.B. KANAVI, SR.CGSC FOR R1; SRI. VENKATESH M. KHARAVI, ADVOCATE FOR R2; SRI. T. HANUMAREDDY, AGA FOR R3 & R4; SRI. S.H. MITTALKOD, ADVOCATE FOR R5; Ms. SURABHI KULKARNI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION, IN THE NATURE OF DECLARATION, DECLARING THAT, RESPONDENT HAS NO AUTHORITY TO DIRECT THE ADMISSIONS IN PETITIONERS’ INSTITUTIONS, IMPARTING PG COURSES IN HOMOEOPATHY, ONLY ON THE BASIS OF AIAPGET RAKING AND, SAME AS IN VIOLATION OF AND CONTRARY TO THE OPERATING REGULATIONS MADE UNDER STATUTE, AS ARBITRARY, UNJUST AND WITHOUT THE AUTHORITY OF LAW & ETC. - 3 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned counsel for the petitioners submits that respondent No.1-National Commission for Homoeopathy has formulated and notified new regulations known as the National Commission for Homoeopathy (Homoeopathy Post-Graduate Degree Courses-Doctor of Medicine in Homoeopathy) Regulations, 2024. Petitioner No.1 being the association of the Karnataka Private Homoeopathy Medical Colleges Management, along with three other institutions had filed this writ petition on 05.04.2023 seeking a declaration/direction that the National Commission for Homoeopathy had no authority to direct the admissions in the institutions imparting Post Graduate Courses in Homoeopathy could be made only on the basis - 4 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 of the AIAPGET ranking. Directions were also sought to abide by and comply with the orders passed by this court in W.P.No.100652/2021 and connected case dated 31.08.2021. The learned counsel would therefore submit that the prayer made in this writ petition has spent itself. It is submitted that even though interim orders have been passed in this writ petition directing the respondent- authorities to permit the petitioners-institutions to make admissions to Homoeopathy Post Graduate Courses for the academic year 2022-23, which remained unfilled after all AIAPGET qualified had made their choices, to be later filled with any other candidates subject to the result of the writ petition, nevertheless, no harm or prejudice will be caused to the respondents if the writ petition is disposed of in view of the subsequent developments. 2. Learned Senior Central Government Standing Counsel however submits that respondents have preferred Special Leave Petitions before the Hon’ble Apex Court raising a challenge to such orders passed by this court in - 5 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 many writ petitions including W.P.100652/2021 and connected matters. Petitioner No.1 Association is also party to those proceedings. 3. Placing the submission of the learned counsel for the petitioners on record, this writ petition stands disposed of while granting liberty to the parties herein to pursue their remedy before the Hon’ble Apex Court in the pending Special Leave Petitions. 4. Needless to observe that all admissions made pursuant to the directions issued by this court shall not be disturbed, since the orders were passed by this court on 06.04.2023 taking note of the interim orders passed on 07.02.2022 in W.P.No.2680/2022 in respect of Homoeopathy PG Courses for the academic year 2021-22 and by order dated 05.04.2023 W.P.No.2680/2022 was disposed of recording the submission made on behalf of respondent No.1-Commission that admission of the - 6 - HC-KAR NC: 2025:KHC-D:7781-DB WP No. 102211 of 2023 aforesaid students who have been admitted pursuant to the interim order dated 07.02.2022 shall not be disturbed. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 39