- 1 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 37214 OF 2025 (EDN-RES) BETWEEN: 1. ANURADHA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, MANAGED AND RUN BY ANURADHA EDUCATIONAL TRUST [R] SITUATED AT SY.No.78/5, SRIGANDADAKAVAL, SRIGANDHANAGAR, NEAR BWSSB WATER TANK & HEGGANAHALLI CROSS, VISHWANEEDAM POST, BANGALORE-560091. REPRESENTED BY ITS PRINCIPAL, DR.SUJATA.C.GOKAK, D/O.SRI.CHANDRAKANT GOKAK. AGED ABOUT 55 YEARS, …PETITIONER (BY SRI AJESH KUMAR S., ADVOCATE FOR SRI DILEEP C. G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 BANGALORE-560001. REP., BY ITS PRINCIPAL SECRETARY. 2. THE AYUSH DEPARTMENT, GOVERNMENT OF KARNATAKA, DHANWANTRI ROAD, ANAND RAO CIRCLE, BANGALORE-560009. REP., BY ITS COMMISSIONER, 3. THE KARNATAKA EXAMINATION AUTHORITY, GOVERNMENT OF KARNATAKA, 18TH CROSS, SAMPIGE ROAD, MALLESWARAM WEST, BANGALORE-560012. REP., BY ITS EXECUTIVE DIRECTOR, 4. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560041, REPRESENTED BY ITS REGISTRAR, 5. THE UNION OF INDIA, MINISTRY OF AYURVEDA, YOGA, UNANI, SIDDA AND HOMOEOPATHY-AYUSH, AYUSH BHAWAN', 'B' BLOCK, G.P.O COMPLEX, INA, NEW DELHI-110023. REPRESENTED BY ITS SECRETARY. 6. THE NATIONAL COMMISSION FOR HOMOEOPATHY-NCH, GOVERNMENT OF INDIA, MINISTRY OF AYUSH, 61-65, INSTITUTIONAL AREA, OPPOSITE TO 'D' BLOCK, JANAKAPURI, NEW DELHI-110058. REPRESENTED BY ITS PRESIDENT, - 3 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 7. THE PRESIDENT, MEDICAL ASSESSMENT AND RATING BOARD FOR NCH (MARBNCH), GOVERNMENT OF INDIA, MINISTRY OF AYUSH, 61-65, INSTITUTIONAL AREA, OPPOSITE TO 'D' BLOCK, JANAKAPURI, NEW DELHI-110058. …RESPONDENTS (BY SRI REUBEN JACOB, AAG A/W SMT. N. ANITHA, AGA FOR R1 & R2; SRI N.K. RAMESH, ADVOCATE FOR R3; SRI E. SUYOG HERELE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT/ORDER/DIRECTION TO THE RESPONDENTS TO IMPLEMENT THE NOTIFICATION DATED 10.11.2025 ALLOCATING THE SEATS IN CATEGORY WISE FOR FILING UP OF THE VACANT SEATS BY CONVERTING THE MANAGEMENT AND NRI SEATS TO GOVERNMENT SEATS IN RESPECT OF PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2025-26 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard Sri Ajesh Kumar S., learned counsel for Sri C.G. Dileep, learned counsel for the petitioner; Sri Reuben Jacob, learned Additional Advocate General along with Smt. N.Anitha, learned Additional Government Advocate for respondent Nos.1 and 2; Sri N.K. Ramesh, learned counsel for respondent No.3 and Sri E. Suyog Herele, learned counsel for respondent No.6. 2. The instant petition is filed seeking the following reliefs; "(i) Issue a Writ of Mandamus or any other Writ/Order/Direction to the respondents to implement the Notification dated 10.11.2025 allocating the seats in category wise for filing up of the vacant seats by converting the Management and NRI seats to Government seats in respect of Petitioner College for the academic year 2025-26. (ii) Issue a Writ of Certiorari or any other Writ/Order/Direction to quash the Notification dated 10.12.2025 issued by the respondent No.1 under Annexure-N withdrawing the Notification dated 10.11.2025 with immediate - 5 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 effect in respect of Petitioner College for the academic year 2025-26 or in the alternative issue suitable Direction to the Respondents to reimburse the Government fees amount for 4½ years in respect of 30 seats to Petitioner College for the academic year 2025-26. (iii) Grant such other reliefs as this Hon'ble court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 3. The contention of learned counsel for the petitioner is that the petitioner is a private Homoeopathic Medical College having a Hospital Campus, which has been running the college from the academic year 2019-20 successfully. From the year 2021-22, NEET was adopted to the Homoeopathy BHMS course fixing the percentile equivalent to that of AYUSH Colleges on par with Allopathic and Dental Medical Colleges at the rate of 50 percentile. From 2022-23, all AYUSH Colleges and BHMS seats including management quota came under NEET merit ranking and the same were filled-up by the State Government through respondent No.3-the Karnataka Examination Authority, - 6 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 Bengaluru1. From the year 2022-23, the admissions to BHMS courses have reduced as compared to BAMS course. The fee of Government Quota Seats is less, which has resulted in financial downfall in collection of fees to Private Un-Aided/Self-Financed Homoeopathic Medical Colleges. Due to reduction in filling-up of seats, fees collection has been reduced to 40 percent for BHMS courses and there are about 50 to 70 percent seats lying vacant in the State of Karnataka. It is stated that the survival of Private Un-Aided/Self-Financed Homoeopathic Medical Colleges in respect of Homoeopathy BHMS course is at stake. 3.1 It appears that by means of the Notification dated 10.11.2025 regarding fixation of seat matrix for admission to Undergraduate Courses in Un-Aided Private Homoeopathic Medical Colleges for the academic year 2025-26, the Government of Karnataka designated 30 seats out of 60 seats fixed for the petitioner-institution as Government Quota Seats. 3.2 The contention is that since the Government is not giving effect to the aforesaid Notification, therefore, the instant petition is filed. 1 KEA - 7 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 4. It is further stated that a letter dated 14.11.2025 was sent by the Commissioner of the Department of AYUSH, Government of Karnataka, to the Principal Secretary to the Government Department of Health and Family Welfare recommending withdrawal of the Notification dated 10.11.2025 as the process of filling-up of the vacancy round for AYUSH course is in progress. This letter referred to a communication dated 06.11.2025 sent by the KEA. 5. An affidavit was filed by the State of Karnataka stating that by means of a Notification dated 10.12.2025, the aforesaid Notification dated 10.11.2025 was withdrawn with immediate effect. The purpose of withdrawal was attributed to administrative reasons. 6. The contention of learned counsel for the petitioner is that the petitioner-institution is visited by unreasonable restriction in making admission of students who may be interested in pursuing the BHMS course, but due to financial constrains are unable to do so. It is stated that the decision for - 8 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 withdrawal of the Notification of 10.11.2025, is wholly unconstitutional and deserves to be set aside. 7. Learned counsel in support of his contention has referred to a judgment of the Supreme Court in the case of Index Medical College, Hospital and Research Centre vs. State of Madhya Pradesh and others2. 8. Learned Additional Advocate General Sri Reuben Jacob appearing for the State of Karnataka has strongly opposed the petition and, pursuant to the previous order of the Court, has placed for our perusal, the Five Notings made in respect of the representation of the Commissioner dated 14.11.2025 referred to above. It is his contention that now the Notings are being digitally done and the extracts thereof are submitted. It has been stated that soon after the representation of the Commissioner dated 14.11.2025 was received, the process was set in motion and the file reached the Principal Secretary on 27.11.2025, who directed examination of the issue. The stand of the KEA was considered which reflected that in many Private Homoeopathic Colleges, both Management and NRI Quota seats 2 (2023) 11 SCC 570 - 9 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 are unfilled. The petitioner-institution had submitted an application requesting conversion of 20 Management Quota Seats and 10 NRI Quota Seats into Government Quota Seats. The recommendation of the Commissioner to the Department of AYUSH in that regard was noted. However, the KEA informed that the inter-categorical conversion of seats cannot be implemented while the admission counseling rounds are in progress. Therefore, the file was submitted proposing to cancel the Government Notification dated 10.11.2025. It is stated that thereafter, the decision was communicated by means of a notification canceling the notification dated 10.11.2025. 9. The judgment relied on by learned counsel for the petitioner in Index Medical College, Hospital and Research Centre (supra), was in a set of appeals whereby, the vires of Rule 12(8)(a) of M.P. Chikitsa Shiksha Pravesh Niyam, 2018, was challenged. A further direction was sought for filling-up of seats of I year MBBS course in the mop-up round. The submission on behalf of the counsel for the appellants therein was that proscribing medical institutions from filling-up seats which fall vacant due to candidates in mop-up round not taking - 10 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 admission or candidates submitting resignation after taking admission amounts to an unreasonable restriction. After noting the contention, the Supreme Court observed as follows; "25. The right to admit students which is a part of the management's right to occupation under Article 19(1)(g) of the Constitution of India stands defeated by Rule 12(8)(a) as it prevents them from filling up all the seats in medical courses. Upgradation and selection of subject of study is pertinent only to postgraduate medical course. Insofar as undergraduate medical course is concerned, the upgradation is restricted only to a better college. Not filling up all the medical seats is not a solution to the problem. Moreover, seats being kept vacant results in huge financial loss to the management of the educational institutions apart from being a national waste of resources. Interest of the general public is not subserved by seats being kept vacant. On the other hand, seats in recognised medical colleges not being filled up is detrimental to public interest. We are constrained to observe that the policy of not permitting the managements from filling up all the seats does not have any nexus with the object sought to be achieved by Rule 12(8)(a). The classification of seats remaining vacant due to non-joining may be based on intelligible differentia but it does not have any rational connection with the object sought to be achieved by Rule 12(8)(a). Applying the test of proportionality, we are of the opinion that the restriction imposed by the Rule is unreasonable. Ergo, Rule 12(8)(a) is violative of Articles 14 and 19(1)(g) of the Constitution." - 11 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 10. The facts of the instant case are different. Admittedly, the petitioner-institution sought conversion of 20 Management Quota seats and 10 NRI Quota seats to the Government Quota seats. The Notification was issued on 10.11.2025 permitting the same. However, it was withdrawn by the subsequent Notification dated 10.12.2025. 11. In our considered opinion, there exists no vested right in the Institution to seek enforcement of the notification which has merely provided for conversion of the Management and NRI Quota Seats into Government Quota Seats. The aforesaid notification was issued by way of concession by the Government. The subsequent notification has now withdrawn the same. 12. It is not open for the petitioners to challenge the notification dated 10.12.2025 withdrawing the previous notification dated 10.11.2025. The decision was taken due to administrative reasons as is evident from perusal of the notification impugned. This Court in exercise of jurisdiction under Article 226 of the Constitution of India ought not to interfere in policy matters and administrative decisions taken - 12 - HC-KAR NC: 2025:KHC:54296-DB WP No. 37214 of 2025 by the State Government, which are demonstrated to have been done rationally and with due application of mind. 13. The petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 29