- 1 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107500 OF 2024 (EDN-RES) BETWEEN: 1. SHREE HEMARADDI MALLAMMA EDUCATION TRUST, C/O. SRI. VENKATESHWARA HOSPITAL, 2ND CROSS, GANDHI NAGAR, BALLARI-583103, REPRESENTED BY ITS PRESIDENT. 2. SIDDHANTH AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTER, AT: SANKONATTI VILLAGE, ATHANI TALUKA, BELAGAVI DISTRICT-591304. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR & SRI. ABHISHEK C. PATIL, ADVOCATES) AND: 1. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINES, MINISTRY OF AYUSH, GOVERNMENT OF INDIA, OFFICE NO.61-65, INSTITUTIONAL AREA, JANAK PURI, D BLOCK, NEW DELHI-110058, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, MEDICAL ASSESSMENT AND RATING BOARD FOR INDIAN SYSTEM OF MEDICINE (MARBISM), JAWAHAR LAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, 61-65, INSTITUTIONAL AREA, JANAKPURI 'D' BLOCK NEW DELHI-110058. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.31 12:41:38 +0530 - 2 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 3. SECRETARY, NATIONAL COMMISSION FOR INDIAN SYSTEMS OF MEDICINE (NCISM), PLOT NO.T-19, 1ST AND 2ND FLOOR, BLOCK-IV, DHANAWANTARI BHAVAN, ROAD NO.66, PUNJABI BAGH (WEST), NEW DELHI-110026. 4. SECRETARY, MINISTRY OF AYUSH, GOVERNMENT OF INDIA, AYUSH BHAWAN, A BLOCK, GPO COMPLEX, INA, NEW DELHI-110023. 5. THE PRESIDENT, BOARD OF AYURVEDA, PLOT NO.T-19, 1ST AND 2ND FLOOR, BLOCK IV DHANWANTARI BHAWAN, ROAD NO.66, PUNJABI BAGH (WEST), NEW DELHI-110026. 6. STATE OF KARNATAKA, DEPARTMENT OF AYUSH (AYURVEDA YOGA AND NATUROPATHY, UNANI SIDDHA AND HOMEOPATHY) DHANWANTRI ROAD, NEAR ANANDA RAO CIRCLE, BENGALURU-560009. REPRESENTED BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R6; SRI. AVINASH M. ANGADI, ADVOCATE FOR R1-R3; SRI. M.C. HUKKERI, ADVOCATE FOR R4-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 RESPONDENT NO.1 TO 3 TO ISSUE LOG-IN CREDENTIALS TO THE PETITIONER NO.2 INSTITUTE/COLLEGE (AYU0813) FOR UPLOADING THE DATA OF ADMITTED STUDENTS TO PETITIONER NO.2 INSTITUTE/COLLEGE FOR THE ACADEMIC YEAR 2024-25; TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 3 TO ISSUE PROPER LOG-IN CREDENTIALS TO THE PETITIONER NO.2 INSTITUTE/COLLEGE TO UPDATE FACULTY DATA WHENEVER NECESSARY; PASS SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE, EQUITY AND GOOD CONSCIENCE. - 3 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) To issue writ in the nature of mandamus directing the Respondent No.1 to 3 to issue log-in credentials to the Petitioner No.2 Institute/College (AYU0813) for uploading the data of admitted students to Petitioner No.2 Institute/College for the academic year 2024-25; b) To issue writ in the nature of mandamus directing the Respondent No.1 to 3 to issue proper log-in credentials to the Petitioner No.2 Institute/College to update faculty data whenever necessary; c) Pass such other relief as this Hon’ble Court deems fit in the interest of justice, equity and good conscience. 2. This Court earlier in the lis between the petitioners and respondents vide its’ order dated 12.08.2024 in WP No.104631 of 2024 had passed the following order; i. Writ petition is allowed, impugned endorsement dated 01.08.2024, issued by respondent no.4 at Annexure-AJ is quashed. ii. Respondents no.3 and 4 are directed to inform petitioner in advance and cause inspection of petitioner’s institution/hospital for verification of compliance/deficiencies, and thereafter consider application afresh, in light of inspection report and - 4 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 observations made above, while passing orders for issuance of LoP for academic year 2024-25. iii. In case after inspection deficiencies noted are non-essential, if petitioner submits undertaking to comply with same within time frame, respondents no.3 and 4 are directed to consider same also while passing orders as above. iv. Time for causing inspection shall be within two weeks from today and reconsideration of petitioner’s application thereafter shall as far as possible be within one week. v. In meanwhile, in case counseling for admissions to UG (BAMS) Course for academic year 2024-25 is to commence before respondents no.3 and 4 take decision, they are directed to consider taking appropriate steps as done by this Court in W.P.no.200939/2021 disposed of on 22.09.2021 subject to outcome of consideration of petitioner’s application. 3. The grievance of the petitioners now is that despite the directions issued in the aforesaid order and the students having been admitted, the admission process cannot be completed in view of the letter dated 02.12.2024 issued by respondent No.1. 4. The submission of Shri Shivaprasad Shantanagoudar, learned counsel for the petitioners is that the respondents have not carried out the inspection of the petitioners' institution and brought to light any deficiencies in pursuance of the order at (ii). of the - 5 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 order dated 12.08.2024 and as such, the petitioners are unable to comply with any such deficiencies if existing. The students have been admitted their interest are suffering. 5. Sri Avinash Angadi, learned counsel appearing for respondents No.1 to 3 submits that post the order dated 12.08.2024, it was required of the petitioners to submit an application and make payment of fees and it is only thereafter that inspection would be carried out by respondents No.1 and 2. 6. This Court vide order dated 12.08.2024 had directed respondents No.3 and 4 to inform the petitioners in advance and cause inspection of the petitioners’ institution for verification of deficiencies. It was therefore required of respondents No.3 and 4 to cause the said inspection. If at all there was a requirement for submitting any further application or making payment of any fees, it was required of respondents No.3 and 4 to inform the petitioners about the same, which also respondents No.3 and 4 have not done. - 6 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 Therefore, in my considered opinion when respondents No.3 and 4 have not complied with the order of the co- ordinate Bench of this Court dated 12.08.2024 in WP No.104631 of 2024 and without compliance thereof, cannot now contend that an application not having been filed by the petitioners to carryout the inspection, no inspection has been carried out. 7. The said contention on part of the respondents is completely malafide. Even if there is any deficiencies on part of the petitioners’ college, the interest of the students cannot be put at jeopardy in the manner in which respondents No.1 to 4 have sought to treat this present lis as an adversarial litigation. If at all respondents No.1 to 4 are authorities, who are required to act in accordance with law and if there were any application to be submitted by the petitioners, they could have always called upon the petitioners to submit the said applications. Instead of doing so, from 12.08.2024 till now, the respondents have not taken any action. - 7 - NC: 2025:KHC-D:1756 WP No. 107500 of 2024 8. In that view of the matter, I pass the following; ORDER i) The writ petition is allowed. ii) A mandamus is issued directing respondents No.1 to 3 to issue log-in credentials to petitioner No.2/college for uploading the data of the admitted students and faculty of the petitioner No.2/college for the academic year 2024-2025. iii) In the event of any inspection being conducted and deficiencies being pointed out, it would be for the petitioner to comply with such deficiencies in a time bound manner, the admission of students and the uploading of details aforesaid will always be subject to such compliance of deficiencies as and when pointed out. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 36