- 1 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO.104964 OF 2025 (EDN-AD) BETWEEN: 1. KLE ACADEMY OF HIGHER EDUCATION & RESEARCH DEEMED UNIVERSITY, J.N.M.C. CAMPUS, BELGAUM-590010, R/BY. ITS REGISTRAR, DR. M.S. GANACHARI AGE. 57 YEARS. 2. JAWAHARLAL NEHRU MEDICAL COLLEGE, O/A. J.N.M.C. CAMPUS, BELGAUM-590010. REPRESENTED BY ITS PRINCIPAL, DR. NIRANJANA SHAMBHULINGAPPA MAHANTASHETTI AGE. 66 YEARS. …PETITIONERS (BY SRI. PRABHULING K. NAVADGI, SENIOR COUNSEL FOR SRI. SOURABH R. MIRJE, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HEALTH & FAMILY WELFARE (MEDICAL EDUCATION), NIRMAN BHAVAN, NEW DELHI-110011. REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS) O/A. ROOM NO.330-A, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI-110011. REPRESENTED BY ITS DIRECTOR. 3. THE MEDICAL COUNSELLING COMMITTEE (MCC) O/A. ROOM NUMBER 354, DGHS MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI-110011. REPRESENTED BY ITS DIRECTOR. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.06 10:07:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 4. NATIONAL MEDICAL COMMISSION (NMC) O/A POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY. 5. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 6. KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS ROAD, SAMPIGE ROAD, MALLESWARAM, BENGALURU-560012. REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. VENKATESH M. KHARVI, ADVOCATE FOR R1 TO R3; SRI. NURUDDIN KHETTY, ADVOCATE FOR SRI. ANOOP DESHPANDE, ADVOCATE FOR R4; SRI. V.S. KALASURMATH, AGA FOR R5; SMT. SURABHI KULKARNI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASHING THE IMPUGNED COMMUNICATION BEARING NO. RENEWAL UGMEB/2023-24/440 DATED 18.07.2025 ISSUED BY THE NATIONAL MEDICAL COMMISSION -RESPONDENT NO.4 AS HIGHLY ARBITRARY ILLEGAL AND VIOLATION OF ARTICLE 14 AND 19 AND 21 OF THE CONSTITUTION OF INDIA & ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The petitioners have called in question the validity of the impugned communication/order dated 18.07.2025 at Annexure-A issued by the National Medical Commission1. By virtue of the communication/order at Annexure-A, the decision is taken by the Under-Graduate Medical Education Board2 to the effect that admission of MBBS course for the academic year 2025-26 is stopped in accordance with sub-clause (e) of Section 31 of the Maintenance of Standards of Medical Education Regulations, 20233. 2. It is to be noticed that the order at Annexure-A refers to certain aspects of the deficiencies observed during assessment and while finding that the explanation regarding deficiencies pointed out was not convincing and not satisfactory, the conclusion at para-7 is arrived at. The other aspect of the order at Annexure-A relates to certain proceedings in CBI FIR No.RC2172025A0016 dated 24.05.2025 1 For short ‘NMC’ 2 For short ‘UGMEB’ 3 For short ‘Regulations 2023’ - 4 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 and taking note of it, on the basis of observation at para-6, the conclusion at para-7 is arrived at. 3. Sri.Prabhuling K Navadagi, learned Senior Counsel appearing for the petitioners has advanced several contentions including that the conclusion arrived at, that the compliance report submitted by the College has not been found to be convincing and satisfactory, does not amount to a speaking order, and that has deprived the petitioners of reasoned consideration after hearing. Insofar as FIR is concerned, it is submitted that subsequent developments have been taken place, charge sheet has been filed and needle of wrong doing points out to certain individuals and not of the institution. 4. Learned counsel N Khetty appearing for the respondent No.4/NMC submitted that the decision is arrived at also taking note of the observation at para-6 that may have weighed in taking of a decision by the authority and such aspect goes to the root of the decision making process. Insofar as deficiencies pointed out and the decision taken, it is submitted that normal practice as has been done in other matter in regard to objectively verifiable decision and - 5 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 compliance would be taken note of in accordance with the said procedure. 5. Though various contentions have been advanced including the power of UGMEB to impose a penalty, however, such legal contention is kept open without entering into the adjudication as the petition itself could be disposed off on other grounds, while keeping open the contentions. 6. Taking note the decision regarding compliance as is found at para-4 of the observation that “The compliance report submitted by the college has not been found to be convincing and satisfactory”, it would be appropriate, in light of consequence that may visit the Institution, to remit the matter back insofar as the aspect of deficiencies for reconsideration keeping open the liberty to the petitioners to put-forth their case of compliance and the Authority to take call as per procedure in an appropriate manner. 7. Insofar as the observations made at paras-6 and 7 relating to criminal proceedings, taking note of the submission that the charge sheet has since been filed while at the date of taking decision, FIR was only lodged without entering into the - 6 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 merits of the case, it would be appropriate that the matter be remitted back for reconsideration on such aspect as well. 8. Learned Senior Counsel appearing for the petitioners has relied upon the order of the Apex Court in the case of National Medical Commissioner & Others Vs. Madhuri Sewa Nyas & Others4 insofar as observations made regarding criminal proceedings vis-à-vis renewal of recognition. However, we do not intend to enter into or express any opinion on the merits of the case for the present, in light of final conclusion that we have reached that the matter requires to be remitted back for reconsideration. 9. Further, learned Senior Counsel appearing for the petitioners has filed a memo with list of documents numbering 1 to 7 and submits that in an identical matters, deficiencies have been noticed and the respondent/authority have followed certain practice and such practice on the ground of parity may be extended to the petitioner/institution as well. We also keep open liberty for the authority to take such decision in that regard without expressing any opinion on the merits. 4 Special Leave to Appeal (C) No.15865/2025 - 7 - HC-KAR NC: 2025:KHC-D:9755-DB WP No. 104964 of 2025 10. Accordingly, we proceed to pass the following: ORDER a) The writ petition stands allowed; b) The order dated 18.07.2025 at Annexure-A is hereby set-aside; c) The matter is remitted back to the UGMEB for reconsideration afresh in light of observation made above; d) In light of urgency pleaded, it would be appropriate to direct UGMEB to reconsider the same and pass fresh order on or before 12.08.2025, within such time, it is open for the petitioners to place any additional material or submission and the respondent/authority shall afford sufficient opportunity to the petitioners as is permissible per procedure. e) All contentions of both sides are kept open. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP, LIST NO.: 1 SL NO.: 55