- 1 - HC-KAR NC: 2026:KHC:30947-DB WP No. 17515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 17515 OF 2026 (EDN-RES) BETWEEN: BAPUJI VIDYA SAMSTHE, SAWLANGA ROAD, SHIMOGGA-577 204, REP. BY ITS PRESIDENT. …PETITIONER (BY SRI VINOD PRASAD, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA & HOMEOPATHY (AYUSH), MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI - 110 001. 2. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH GOVT. OF INDIA, REP. BY ITS SECRETARY, NO.61-65, INSTITUTIONAL AREA, JANAKAPURI, D BLOCK, NEW DELHI-110 058. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30947-DB WP No. 17515 of 2026 3. STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, VIKASASOUDHA, BENGALURU-560 001. 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560 011, REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI S. RAJASHEKAR, ADVOCATE FOR R1 & R2; SMT. PRAMODINI KISHAN, AGA FOR R3; SMT. SADHANA DESAI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO RESPONDENTS TO DECLARE THAT THE PETITIONER COLLEGE IS DEEMED PERMISSION FOR INTAKE OF 60 SEATS SINCE 2021-22, WHEN PERMISSION WAS SOUGHT AND WHEN PAYMENT WAS RECEIVED BY RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:30947-DB WP No. 17515 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard Sri.Vinod Prasad, the learned counsel for the appellant, Sri. S.Rajashekar, learned counsel appearing for respondent Nos.1 and 2, Smt. Pramodini Kishan, the learned Additional Government Advocate appearing for respondent No.3, Smt.Sadhana Desai, learned counsel for respondent No.4. 2. This petition seeks the following reliefs: “i. Issue direction to respondents to declare that the petitioner college is deemed permission for intake of 60 seats since 2021-22, when permission was sought and when payment was received by respondent. ii. Issue a writ of Mandamus directing the respondent No.2 NCISM to consider the case of petitioner’s college, for enhancement of the seats to 100 students. iii. Issue an order directing that, the petitioner’s college is entitled to receive the damages/compensation from Respondents No.1 and 2, for the damage, it has suffered for willful neglect on the part of the respondent No.2 in deliberately not considering the case of the petitioner college, for enhancement of the seats from 2021-22 onwards till date, as stated in the writ petition above. iv. Issue any other writ, or order, or direction, which this Hon’ble Court deems fit in the circumstances of the case.” - 4 - HC-KAR NC: 2026:KHC:30947-DB WP No. 17515 of 2026 3. The contention of the learned counsel for the petitioner is that there exists adequate infrastructure with the petitioner / institution for grant of sanction for additional increase of 10 seats. Therefore, the respondents are not correct in refusing to permit the increase of the number of seats. 4. Learned counsel appearing for respondent Nos.1 and 2 has referred to the provisions of the National Commission for Indian System of Medicine Act, 2020 with pointed reference to Section 29 thereof, provisions of sub-section (5) and sub-section (6) of which provide for an appeal and a second appeal, respectively, to statutory Authorities. It has also been pointed out that a categorical order dated 22.05.2025 has been passed by the Competent Authority rejecting the application made by the petitioner/ institution for increase of the number of seats. It is stated that the order of 22.05.2025 has not been challenged by the petitioner. 5. Be that as it may, since there is an alternative remedy of appeal available under sub-section (5) of Section 29 of the aforesaid Act of 2020, we decline to exercise jurisdiction under Article 226 of the Constitution of India. - 5 - HC-KAR NC: 2026:KHC:30947-DB WP No. 17515 of 2026 6. We therefore dismiss this petition leaving it open to the petitioner to prefer such remedy as may be advised in which it will be open for them to take such plea as are admissible to them. If such an appeal is filed in accordance with law, it is expected that the appeal shall be decided expeditiously. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KG List No.: 1 Sl No.: 5