- 1 - NC: 2025:KHC-D:832 WP No. 106441 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106441 OF 2024 (EDN-RES) BETWEEN: S.B. SHIRKOLI HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL, SANKESHWAR-591313, REPRESENTED BY ITS IN CHARGE PRINCIPAL, DR. VIVEK G. NAIK, AGE: 37 YEARS, OCC: IN CHARGE PRINCIPAL, R/O. GAVNAL, TQ: HUKKERI, DIST: BELAGAVI. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE NATIONAL COMMISSION FOR HOMOEOPATHY (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 HOMOEOPATHY, 61-65 INSTITUTIONAL AREA, OPPOSITE TO ‘D’ BLOCK, JANAKAPURI, NEW DELHI-110058, REPRESENTED BY ITS PRESIDENT. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:832 WP No. 106441 of 2024 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 HOMOEOPATHY 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 VEEDHI, 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. V.S. KALASURMATH, AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT- UNIVERSITY TO CONSIDER THE REPRESENTATION DATED 28/09/2024 VIDE ANNEXURE-A AND CONSEQUENTLY ISSUE DIRECTION TO THE 3RD RESPONDENT 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 AND II STUDENTS FOR THE ACADEMIC YEAR 2021-22 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:832 WP No. 106441 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue writ in the nature of mandamus directing the 3rd respondent-University to consider the representation dated 28/09/2024 vide Annexure-A and consequently issue direction to the 3rd respondent 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 and II students for the academic year 2021-22 in the interest of justice and equity. b) Pass any other appropriate orders under the facts and circumstances of the case at hand. 2. The grievance of the petitioner is that, the representation submitted by the petitioner dated 28.09.2024 at Annexure-A to respondent No.3 University has not been considered. 3. Whenever any representation is submitted to the University, the University is required to consider the same and pass necessary orders either accepting or rejecting the representation within a reasonable period of time. Of course if the representation is - 4 - NC: 2025:KHC-D:832 WP No. 106441 of 2024 rejected, the same would have to be accompanied by reasons. Hence the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued. Respondent No.3 University to consider the representation dated 28.09.2024 at Annexure-A, in accordance with law within a period of two weeks from the date of receipt of a copy of this order. iii. Respondent No.3 shall act on the print out of uploaded copy of this order without insisting on the certified copy. In the event of there being any doubt as regards the veracity of the order, it will always be available for respondent No.3 to scan the QR code on the order and visit the website to verify the same. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 48