- 1 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6106 OF 2026 (EDN-RES) BETWEEN: 1. HERITAGE CITY INSTITUTE OF ALLIED HEALTH SCIENCES NO.C-1, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR (OPP. APOLLO HOSPITAL), MYSURU 570 023, REPRESENTED BY ITS PRINCIPAL DR. RAZA MOHAMMED RAZA ADOOR. &PETITIONER (BY SRI. S.S. RAMDAS, SENIOR COUNSEL A/W SRI. SYED KASHIF ALI, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI 110 001, REPRESENTED BY ITS DIRECTOR. 2. THE STATE OF KARNATAKA, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ADDL. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 CHIEF SECRETARY. 3. REHABILITATION COUNCIL OF INDIA, A STATUTORY BODY OF MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES (DIVYANGJAN), B22, QUTAB INSTITUTIONAL AREA, NEW DELHI 110 016, GOVERNMENT OF INDIA, REPRESENTED BY ITS MEMBER SECRETARY. 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES UNIVERSITY ENACTED BY THE GOVERNMENT OF KARNATAKA, NO.12, 30TH CROSS ROAD, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560041, REPRESENTED BY ITS DIRECTOR. &RESPONDENTS (BY SMT. ANUPARNA BORDOLOI, CGC FOR R1 & R3; SMT. FARAH FATHIMA, ADVOCATE FOR R4; SMT. SUKANYA BALIGA B., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION/ ORDERS DATED 25.09.2025 (ANNX-G) AND 29.01.2026 (ANNX-L) PASSED BY RESPONDENT NO.3. - 3 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. The petitioner has presented this Writ Petition praying to quash the orders dated 25.09.2025 and 29.01.2026 as per Annexures - G and L, issued by the respondent No.3 and direct respondent No.3 to reconsider the grant of approval of fresh proposal for B.A.S.L.P. Course at the petitioner-College. 2. Heard Sri. S.S. Ramdas, learned Senior Counsel appearing along with Sri. Syed Kashif Ali, learned counsel for the petitioner, Smt. Anuparna Bordoloi, learned Central Government Counsel appearing for respondent Nos.1 and 3, Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondent No.2, Smt. Farah Fathima, learned counsel appearing for respondent No.4. 3. Sri. S.S. Ramdas, learned Senior Counsel appearing for the petitioner, while referring to the letter dated - 4 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 25.09.2025(Annexure-G), wherein the respondent No.3 - Rehabilitation Council of India (hereinafter referred to as 'RCI' for brevity) has declined to accept the fresh proposal of the petitioner - Institution for approval of B.A.S.L.P. Course, vehemently contended by referring to the Circular dated 22.08.2025 (Annexure-E), wherein the permission has been accorded at the earlier point of time and also by referring to Clause 7.0 of the Manual on Assessment of Academic Institutions (Annexure-H) of the RCI, it is argued that, it is mandatory on the part of the Officers of the RCI to visit the petitioner- Institution in person and thereafter take decision in the matter as to granting approval for the new B.A.S.L.P. Course and therefore, the respondent-RCI has no authority under law to make virtual inspection of the petitioner- Institution and accordingly, sought for interference of this Court. 4. Per contra, Smt. Anuparna Bordoloi, learned Central Government Counsel appearing for respondent Nos.1 and 3, submitted that, the RCI is conducting the inspection through virtual mode as to according approval for the B.A.S.L.P. Course - 5 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 and since the expert report would indicate the lacuna in the petitioner-Institution, and therefore, sought to justify the impugned letter at Annexure-G to the petition. It is also argued by Smt. Anuparna Bordoloi, by referring to the Circular dated 22.08.2025(Annexure-E) issued by the respondent-RCI, that the Circular itself would provide for the Council to conduct physical/virtual inspection or both and in that view of the matter it is submitted that, there is no infirmity in the letter dated 25.09.2025. 5. Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondent No.2 and Smt. Farah Fathima, learned counsel appearing for the respondent No.4 sought to support the impugned letter at Annexure-G. 6. In the light of the submissions made by the learned counsel appearing for the parties, the core question to be answered in this Petition is as to whether the joint assessment report by the visiting experts requires interference? 7. In the light of the submissions made by the learned Senior Counsel for the petitioner that the petitioner-Institution - 6 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 has complied with all the requirements as provided in the Manual on Assessment of Academic Institutions (Annexure-H) to the Writ Petition, though the learned Central Government Counsel representing the Respondent Nos.1 and 3 contended that, even if the inspection has to be done by virtual mode, however as the learned Senior Counsel appearing for the petitioner insists that the petitioner-Institution has completed all the parameters of the RCI Circular and the guidance as provided in The Manual (Annexure-H), and therefore, I am of the view that, it is open for the Members of the RCI to make a physical inspection of the petitioner-Institution on or before 25.04.2026 and to take decision in the matter as to whether the permission has to be accorded to the petitioner-Institution for approval of B.Sc.B.A.S.L.P. Course. However, it is made clear that before making such visitation by the experts of the RCI, the petitioner-Institution be made known about the date on which that they will make inspection. 8. In that view of the matter, I pass the following: ORDER (i) The Writ Petition is allowed. - 7 - HC-KAR NC: 2026:KHC:19174 WP No. 6106 of 2026 (ii) The communication / order (Annexure-G) dated 25.09.2025 and the communication / order (Annexure-L) dated 29.01.2026, issued by the respondent No.3 are accordingly, set aside and the respondent No.3 is directed to reconsider the application dated 12.02.2024 (Annexure-B) and the representation dated 14.02.2025 (Annexure-J) submitted by the petitioner, in consonance with their physical inspection of the petitioner-Institution on or before 25.04.2026, as stated above. (iii) However, it is open for the RCI to take decision as to the provisional admissions made by the petitioner-Institution for the Academic Year 2025-26 for the B.A.S.L.P. Course, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 62