- 1 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33804 OF 2025 (EDN-MED ADM) BETWEEN: KARAVALI AYURVEDA MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE NEERMARGA, MANGALORE - 575 029 KARNATAKA, REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER PUSHPARAJA RAI B, S/O SANJEEVA RAI AGE 35 YEARS. …PETITIONER (BY SRI. ADIT CHANDANGOUDAR, ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF AYRUVEDA, YOGA AND NATUROPATHY UNANI, SIDDA NAD HOMEOPATHY-AYUSH, AYUSH BHAWAN, 'B' BLOCK, G P O COMPLEX, INA NEW DELHI - 110 023 REPRESENTED BY ITS SECRETARY. 2. THE NATIONAL COMMISSIONER FOR INDIAN SYSTEM OF MEDICINE, JAWAHARALAL NEHRU BHARITYA CHIKITSA AVAM HOMEOPATHY ANUSADHAN BHAWAN, 61-65, INSTUTUTIONAL AREA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 OPPOSITE TO 'D' BLOCK, JANAKAPURI, NEWJ DELHI - 110 058. REPRESENTED BY ITS SECRETARY. 3. MEDICAL ASSESSAMENT AND RATILNG BOARD FOR INDIAN SYSTEM OF MEDICINE NCISM, JAWAHARALAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSADHAN BHAWAN, 61-65, INSTITUTIONAL AREA, OPPOSILTE TO 'D' BLOC,K JANAKAPURI NEW DELHI - 110 058 REPRESENTED BY ITS PRESIDENT. 4. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041 REPRESENTED BY ITS REGISTRAR. 5. KARNATAKA EXAMINATIONS AUTHORITY (CET CELL), SAMPIGE ROAD 18TH CROSS, MALLESHWARAM BANGALORE - 560 012 REPRESENTED BY ITS DIRECTOR. 6. THE STATE OF KARNATAKA DEPARTMENT OF AYUSH REP. BY THE DIRECTOR …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1; SMT. MANASI KUMAR, ADVOCATE FOR C/R2 AND R3; SMT. FARAH FATHIMA, ADVOCATE FOR R4; SRI. N.K. RAMESH, ADVOCATE FOR R5; SRI. MANJUNATH K, HCGP FOR R6) - 3 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE REGULATION 9 OF THE NATIONAL COMMISSIONER FOR INDIAN SYSTEM OF MEDICINE (MINIMUM ESSENTIAL STANDARDS, ASSESSMENT AND RATING FOR UNDERGRADUATE AYURVEDA COLLEGES AND ATTACHED TEACHING HOSPITALS) REGULATIONS, 2024 AS ULTRA VIRES THE CONSTITUTION OF INDIA AND/OR INDIAN SYSTEM OF MEDICINE ACT 2020 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Sri H Shanti Bhushan, learned DSGI is directed to accept notice for respondent No.1. Smt. Manasi Kumar, learned counsel accepts notice for respondent Nos.2 and 3. Smt. Farah Fathima, learned counsel accepts notice for respondent No.4. Sri N K Ramesh, learned counsel accepts notice for respondent No.5 and Sri Manjunath K, learned HCGP accepts notice for respondent No.6. 2. In this petition petitioner seeks the following reliefs: a) Declare the Regulation 9 of the National Commissioner for Indian System of Medicine (Minimum Essential Standards, Assessment and Rating for - 4 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 Undergraduate Ayurveda Colleges and Attached Teaching Hospitals) Regulations, 2024 as ultra vires the constitution of India and/or Indian System of Medicine Act 2020. b) Issue a writ in the nature of Certiorari or such other appropriate Writ, Order or direction, quashing the impugned Order dated 25.08.2025 bearing No.4- 152/KA/MARB/2025-26-Ay, issued by Respondent No.3 vide Annexure-Y, only in so for not granting its full intake, in the interest of justice and equity; AND c) Issue any other writ or order as this Hon'ble Court deems fit to grant in the fact and circumstances of the case and in the aid main relief sought for. 3. After arguing the matter for some time, learned counsel for the petitioner submits that though the petitioner has already filed an appeal at Annexure AB dated 09.09.2025 against the impugned order at Annexure Y dated 25.08.2025 passed by the respondent no. 3, in the light of the submission made on behalf of the learned counsel for respondents No. 2 and 3 that she has no instructions as regards the petitioner having filed the said appeal, the petitioner would file an additional/fresh/new - 5 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 appeal before the second respondent - appellate authority on 18.11.2025 which may be directed to dispose of the appeal as expeditiously as possible and within a stipulated time frame having regard to the fact that the last date for admission to the petitioner - college would expire on 01.12.2025. 4. The submission is placed on record. 5. Though several contentions have been urged by both sides in support of their respective claims, having regard to the aforesaid submission made on behalf of the petitioner that they would file an additional/fresh/new appeal before the second respondent - appellate authority in addition to the appeal at Annexure AB dated 09.09.2025, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the appellant to file an appeal before the second respondent - appellate authority on 18.11.2025 along with all relevant documents and the judgment of the co-ordinate bench of - 6 - HC-KAR NC: 2025:KHC:46896 WP No. 33804 of 2025 this Court in the case of Dhanvantri Ayurveda College vs. Union of India (WP 106576/2025 dated 12.09.2025). If the petitioner files such an appeal on 18.11.2025, the second respondent appellate authority shall consider and dispose of the same in accordance with law on or before 22.11.2025 bearing in mind the judgment in Dhanvantri College (supra). 6. The writ petition is accordingly disposed of. Liberty is reserved in favour of the petitioner to take recourse to such other remedies as available in law including approaching this Court subsequently after the appellate authority passes appropriate orders if the occasions arises, as stated supra. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 9