- 1 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1819 OF 2025 (EDN-RES) BETWEEN: 1. NATIONAL COUNCIL OF HOMOEOPATHY REPRESENTED BY ITS SECRETARY DR. ANAND KUMAR HOMOEOPATHY EDUCATION BOARD 61-65, INSTITUTIONAL AREA OPP. 'D' BLOCK JANAK PURI NEW DELHI - 110 058 …APPELLANT (BY SMT. ANKITA CHOWDHARY, ADVOCATE FOR SRI ABHIMANYU ARJUN DEVAIAH T., ADVOCATE) AND: 1. RASHA KABEER D/O KABEER EDOLIKUNNATH AGED 25 YEARS R/AT EDOLIKUNNATH HOUSE CHENNAMANGALLUR POST MUKKAM, KOZHIKODE - 673 602 PRESENTLY RESIDING AT BUILDING NO.9, ZONE-52 STREET NO. 912, AL DAYHA ST LUQTA, AI RAYYAN MUNICIPALITY DOHA (QATAR) Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 2. ROHAN R S/O DR. RAJESH KAROTH AGED 24 YEARS R/AT NESTLE PLATHOTAM TALIPARAMBA KANNUR - 670 141 3. VAISHAKH B.M. S/O VIDYADHAR B.M. AGED 24 YEARS R/AT HOUSE NO. 4-698 SAVINAYA, NEAR VITTAL PU COLLEGE VITTAL, BANTWAL TALUK DAKSHINA KANNADA DISTRICT - 574 243 4. HRISHIKESH C S/O ANILKUMAR K K AGED 25 YEARS R/AT CHEEKOLI NIVAS CHOMBALA POST VATAKARA - 673 308 5. ANUVIND P S/O DHINU P AGED 24 YEARS R/AT PALIYIL HOUSE MANASSERY POST MUKKAM, CALICUT - 673 602 6. NEHA MARIA TENY D/O TENNY AUGUSTINE AGED 25 YEARS R/AT PUTHANAGADY HOUSE NAZERETH ROAD ALUVA - 683 101 7. FATHIMATH RANA E.V. D/O ABDU RASHEED K.P. - 3 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 AGED 24 YEARS R/AT AI REEM, KIZHAKKEKARA ROAD THAZHE CHOVVA KANNUR - 670 018 8. AYANA JOSEPH D/O JOSEPH THOMAS AGED 25 YEARS R/AT EDAYADIL ADAKKAKUNDU POST, KALIKAVU MALAPPURAM DISTRICT - 676 525 9. RAJ KANNAN S/O DR. A KANNAN AGED 25 YEARS R/AT HOUSE NO. 9, TC-20/1332(5) MANGAD LANE, KARAMANA TRIVANDRUM - 695 002 10. SRUTHI M D/O SURESH KUMAR AGED 25 YEARS MANGALAM KAITHAPRAM MATHAMANGALAM POST KANNUR - 670 306 11. ANNGLORIA THANKACHAN D/O E.D. THANKACHAN AGED 25 YEARS R/AT EDASSERIL HOUSE PAYYAVOOR POST MARUTHUMCHAL KANNUR - 670 633 12. APARNA DETH D/O V.S. ANIL DETH AGED 25 YEARS - 4 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 R/AT 47/174, AMBADI BHAVAN KALAVATH PONNURUNNI VYTTILA POST ERNAKULAM - 682 019 13. MARYLYNE OINAM D/O OINAM SANTOSH SINGH AGED 26 YEARS R/AT BRAHMAPUR GURUARIBAM LEIKAI IMPHAL EAST -795 001 14. ASWATH M.P. D/O PRAKASH M AGED 26 YEARS R/AT PULARI HOUSE KAYELIKUNNUMMAL THAMARASSERY KOZHIKODE - 673 573 15. SHOBIDA M.K. D/O PANKAJAKSHNA M.K. AGED 25 YEARS R/AT SHOBIDA'S MANNAMBATH HOUSE ADOOR, KADACHIRA POST KANNUR - 670 621 16. ASHMA M.S. D/O SHIBUMON M.T. AGED 25 YEARS R/AT MANIYANANICKAL HOUSE KONNATHADY POST MARAKKANAM IDUKI - 685 563 17. RAJALAKSHMI S D/O SIVARAMAKRISHNAN S - 5 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 AGED 26 YEARS R/AT AMMA HOUSE JALADHANAGAR, C.N. PURAM PALAKKAD - 678 005 18. DILEENA PUTHIYA PURAYIL D/O DILEEP KUMAR P.P. AGED 26 YEARS R/AT DILEENA'S IRIVANCE ROAD IRINAVE POST KANNUR - 670 301 19. SMERA ANNA THOMAS D/O THOMAS JOHN AGED 25 YEARS R/AT CHERUVATHUR HOUSE AYNOR JUNCTION PAZHANJI POST THRISSUR - 680 542 20. AGILLAN V S/O VENKATESAN A AGED 24 YEARS R/AT 23 RAMLINGAM POLICE STREET PORAIYAR MAYILADUTHURAI DISTRICT - 609 307 21. BRILLY K.B. D/O BONNY K SUNNY AGED 25 YEARS R/AT KANJIRAPARAMBIL HOUSE SOUTH BAZAR BY LANE NELIKUNNU THRISSUR - 680 005 22. HARSHA T.P. D/O HAMSA T.P. - 6 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 AGED 25 YEARS R/AT THOROPARAMBIL HOUSE PALLIPPURAM POST PALAKAAD - 679 305 23. AHALYA K D/O SUMA M.K. AGED 26 YEARS R/AT MALAYAMPILLY HOUSE MUTTITHADY POST KALLUR THRISSSUR - 680 037 24. SANDRA V.C. D/O VINAYAKAN S AGED 24 YEARS R/AT SANDRAM HOSASANGADY MANJESHWAR POST KASAGOD - 671 323 25. RAHLA MUHAMMED D/O MUHAMMED KUNNI M AGED 25 YEARS R/AT WHITE HOUSE KALLORAVI NORTH KAHNAGAD SOUTH P.O. KASARAGOD - 671 531 26. DEEEPIKA PARAMESWARAN D/O PARAMESHWARAN AGED 26 YEARS R/AT KUNHOTT HOUSE NEDUVA POST PARAPPANAGADI MALAPPURAM - 676 303 27. MANJIMA P D/O SASIKUMAR P AGED 28 YEARS R/AT KAKKANATTU HOUSE - 7 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 KOTTAPPURAM MALAPURAM - 676 637 28. HANNAFATHIMA S D/O SHANAVAS A K AGED 29 YEARS R/AT BAITHULFATHIMA NILAMEL POST KOLLAM - 691535 29. KEERTHANA ANILKUMAR D/O ANIL KUMAR AGED 26 YEARS R/AT ODATHUPARAMBIL HOUSE PERAMANGALAM POST THRISSUR - 680 545 30. SABARINADH K.S. S/O SURESAN K.N. AGED 25 YEARS R/AT KOLLAMPARAMBIL HOUSE VADAVUCODE POST, PUTHENCRUZ ERNAKULAM - 682 310 31. THE STATE OF KARNATAKA REPRESENTED BY ITS DIRECTOR DIRECTORATE OF MEDICAL EDUCATION BMC AND RI OLD BUILDING 1ST FLOOR, K.R. ROAD BENGALURU - 560 002 32. THE CHIEF EXECUTIVE DIRECTOR KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU - 560 012 - 8 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 33. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS VICE-CHANCELLOR / REGISTRAR (EVALUATION) 4TH BLOCK EAST, PATTABHINAGAR JAYANAGAR BENGALURU - 560 041 34. THE PRINCIPAL, ALVAS HOMEOPATHIC MEDICAL COLLEGE MIJAR, MOODABIDRI DAKSHINA KANNADA DIST - 574 225 35. AYUSH ADMISSIONS CENTRAL COUNSELLING COMMITTEE MINISTRY OF AYUSH REPRESENTED BY ITS SECRETARY AYUSH BHAWAN, B BLOCK GPO COMPLEX INA, NEW DELHI - 110 023 36. KARNATAKA BOARD OF HOMEOPATHIC SYSTEM OF MEDICINE REPRESENTED BY ITS REGISTRAR AYUSH ADMINISTRATIVE BLOCK OPP. MAJESTIC BMTC BUS STAND DHANVANTRI ROAD BENGALURU - 560 009 …RESPONDENTS (BY SRI P.P. HEGDE, SENIOR ADVOCATE A/W SRI DIVYATEJ H.N., ADVOCATE FOR R-1 TO R-30, SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-31, SRI N.K. RAMESH, ADVOCATE FOR R-32, SRI RAJATH, ADVOCATE FOR R-33, SRI M.S. BHAGAWAT, SENIOR ADVOCATE A/W SRI A.B. DIVYATHEJ, ADVOCATE FOR C/R-34, SMT. RESHMA K. THAMMAIAH, CGC FOR R-35 & SRI PRASANNA V.R., ADVOCATE FOR R-36) - 9 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 R/W RULE 28 OF THE WRIT PROCEEDING RULES, 1977 PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 27.10.2025, IN W.P. No.28861/2025. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The National Council of Homeopathy has filed the present appeal impugning the order dated 27.10.2025 passed by the learned Single Judge of this Court in WP.No.28861/2025 [impugned order]. In terms of the impugned order, the learned Single Judge directed the appellant to issue the MQRL (Medical Qualification Registration List) and Registration Certifications in favour of the respondent Nos.1 to 30 (writ petitioners) immediately upon receipt of a copy of the said order. 2. The writ petitioners had appeared for the NEET (UG) – 2018 Entrance Examination, conducted by the Central Board of - 10 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 Secondary Education. They were found eligible for admission to Medical, Dental and AYUSH courses. The Karnataka Examinations Authority [KEA], arrayed as respondent No.32 in the present appeal, conducted the counselling process for filling the seats in AYUSH courses. However, the writ petitioners were not registered with KEA and did not participate in the counselling process. After the final round, it was found that KEA was unable to fill the Management Quota Seats in private AYUSH Medical Colleges for the undergraduate programmes. 3. It is stated that, since the Management Quota Seats in private AYUSH medical colleges remained unfilled, the colleges invited eligible students to apply for the Management Quota to fill the vacant seats. The writ petitioners approached the College (respondent No. 34) directly and secured admission to the first-year BHMS Course under the Management Seat Quota. 4. The Ministry of AYUSH had made NEET(UG) qualification mandatory for admission to AYUSH courses. Aggrieved by the said stipulation, the Karnataka State AYUSH Medical College Federation, along with several other AYUSH colleges, filed a writ - 11 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 petition, WP No.41486/2018 (EDN-MED-ADM), challenging the communication dated 26.04.2017 issued by the Ministry of AYUSH. In the said writ petition, this Court passed an interim order dated 11.10.2018 permitting the colleges to admit non-NEET candidates under the Management Quota, subject to the final outcome of the writ petitions. 5. The said writ petition [WP.No.41486/2018 (EDN-MED-ADM)] was disposed of in view of the judgment of the Supreme Court in Union of India v. Federation of Self-Financed Ayurvedic Colleges, Punjab and others1. 6. The writ petitioners have successfully completed the final BHMS examinations and the Karnataka Board of Homeopathic System of Medicine (respondent No.36) has issued Provisional Registration Certificates to the writ petitioners. After the successful completion of the internship, Rajiv Gandhi University of Health Sciences, with which respondent No.34 – College is affiliated, issued the Provisional Degree Certificates to the writ petitioners. 1 Civil Appeal No.603/2020 decided on 20.02.2020. - 12 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 7. After obtaining the Degree Certificate, the writ petitioners applied for MQRL registration through the AYUSH NCH BISAG Portal. This Registration Certificate is essential for the writ petitioners to practice as Homeopathic doctors and to seek admission to postgraduate courses. The appellant did not issue the MQRL Registration. Consequently, the writ petitioners approached respondent No. 34 College to take steps to secure the MQRL Registration. 8. On 23.06.2025, respondent No.34 College sent a letter to the appellant seeking MQRL registration for 38 students of respondent No.34 (Alvas Homoeopathic Medical College). The same also did not elicit any positive response. In the aforesaid context, the writ petitioners filed a writ petition, WP.No.28861/2025, which was allowed by the impugned order. 9. The learned Single Judge noted that the writ petition, WP.No.41486/2018, had been disposed of, stating that the Supreme Court had protected the students admitted to undergraduate courses, and that the University had also approved the admissions. The learned Single Judge observed that since - 13 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 respondent No.34 College which was a member of the Karnataka State AYUSH Medical Colleges Federation, had filed WP.No.41486/ 2018, the protection granted by orders under the said petition would enure to the benefit of the writ petitioners on the principle of parity. 10. As noted in the outset, in the present case, the writ petitioners had qualified the NEET (UG) – 2018 examination and were eligible for admission. The only ground on which the appellant is withholding the MQRL Registration is that the writ petitioners were admitted directly by the College without undergoing the process of counselling by KEA. 11. The appellant submits that under Homeopathy (Degree Course) Amendment, 2018, the designated authority for counselling for all admissions to undergraduate courses in all Homeopathy Educational Institutions would be the concerned authority under the relevant rules and regulations of the concerned State or Union territory. According to the appellant, writ petitioners could not have been admitted without undergoing the counselling - 14 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 by KEA in terms of the Homeopathy (Degree Course) Regulations, 1983 as amended in 2018. 12. The respondents dispute the same. 13. It is contended on their part that the Government had issued a Circular for seat sharing and fee fixation for the academic year 2018 -2019. In terms of the said Circular, the seat sharing and fee structure with respect to the private unaided college/university was stipulated as under: "c) Private unaided college/university Sl. No. Seat sharing UG Courses (based on NEET score) Fee (Max amount) 1 State government seat 20% Rs.60,000/- 2. State government to fill the management seat through KEA 20% Rs.1,75,000/- Seat to be filled by management 60% A) Management quota 60% seats 40% (out of 60%) Rs.1,75,000/- 3 B) Out of the management quota, 60% seats for NRI 20% Rs.7,00,000/- - 15 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 14. The said Circular does indicate that certain seats were to be filled by the Management. 15. As noted above, the stipulation that all candidates must be NEET- qualified was also the subject of challenge in the writ petition, in which protective orders were issued. In the present case, the writ petitioners are better placed, as they had taken the NEET (UG) – 2018 examination and were eligible. 16. The learned counsel appearing for the appellant also fairly stated that since the writ petitioners had completed their course, they could not be penalised. 17. The learned counsel for the respondents submitted that the issue has now become academic in view of subsequent amendments to the relevant regulations. 18. The learned counsel appearing for the appellant also stated that the issue now stands settled. She fairly submitted that the writ petitioners could not be penalised as they had completed their course. She, however, submitted that respondent No. 34 College - 16 - HC-KAR NC: 2026:KHC:20843-DB WA No. 1819 of 2025 should pay exemplary costs for having admitted the students outside the counselling process conducted by KEA. 19. The issue is whether writ petitioners could have been admitted directly against management quotas after the final counselling rounds were over. This question is now rendered academic and does not need to be examined. The writ petitioners have successfully completed their course, and there is no dispute that they were eligible to be admitted to it. In the given facts, we concur with the learned Single Judge that, on the principle of parity, the students deserve to be protected. 20. In view of the above, the present appeal is dismissed. 21. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE sd List No.: 2 Sl No.: 23