- 1 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108579 OF 2025 (EDN-EX) BETWEEN: DR. JHA SANTAKUMAR NARESH AGED ABOUT 40 YEARS, OCC: STUDENT, SDM TRUSTS AYURVEDIC MEDICAL COLLEGE, PADMA AYURVEDIC HOSPITAL AND RESEARCH CENTRE, TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT-587315, KARNATAKA. …PETITIONER (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE KARNATAKA, 4TH T BLOCK, JAYANAGAR, BANGALORE-560041. 2. SDM TRUST’S AYURVEDIC MEDICAL COLLEGE PADMA AYURVEDIC HOSPITAL AND RESEARCH CENTRE, REP. BY THE PRINCIPAL, TERDAL, TQ: JAMKHANDI, DIST: BAGALKOT-587315. 3. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH GOVT. OF INDIA, OFFICE: 61-65, INSTITUTIONAL AREA, JANAKPURI, D-BLOCK, NEW DELHI-110058, REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. AVINASH BANAKAR, ADVOCATE FOR R1; SRI. AVINASH ANGADI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA FOR PRAYING TO DECLARE THE REVISED NOTIFICATION NO.RGV/REG(E) 167 SYN/2022-23 DATED 16.08.2022 ANNEXURE-H RESPONDENT NO.1 AS DISCRIMINATORY IN NATURE AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA IN SO FAR AS ITS APPLICABILITY ONLY TO AY-2014-15, 2015- 16 AND 2016-27, IS CONCERNED AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Date: 2026.01.22 15:27:11 +0530 - 2 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner is before this Court seeking for the following reliefs; “i. declare the Revised Notification No.RGV/REG(E) 167 Syn/2022-23 dated 16.08.2022 Annexure-H Respondent No.1 as discriminatory in nature and violative of Article 14 of the Constitution of India in so far as its applicability only to AY-2014-15, 2015-16 and 2016-27, is concerned; ii. issue writ of certiorari quashing the impugned order forwarded by Respondent no.1 through E- mail dated 12/11/2025 stating that maximum duration is over produced as Annexure-k; and consequently, declare that petitioner is also entitled for the benefit of order passed by Respondent no.3 dated 15/12/2021 produced as Annexure-E in bearing No.Ref.No.BOA/ Regulation/UG/7-10/2021; consequently, permit Petitioner to conclude the entire P G course in Ayurveda; in so for as petitioner concerned; iii. issue such other writ order or direction as deemed fit by this Hon’ble Court to meet the ends of justice.” - 3 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 2. The petitioner joined the Post Graduation course in Ayurveda during the academic year 2017-18. As per the regulation of respondent No.1-Rajiv Gandhi University of Health Sciences, the duration of the course is 3 years and the maximum permissible period for compilation is 6 years. According to the petitioner, due to the circumstance beyond his control, including the impact of COVID-19 and regulatory relaxations subsequently granted, he could not complete the course within the original period. 3. The grievance of the petitioner is that though respondent No.3-National Commission for Indian System of Medicine issued a notification dated 15.12.2021 granting additional chances, respondent No.1 denied the said benefit to the petitioner by applying the revised notification selectively and rejected his request by impugned communication dated 12.11.2025. 4. Learned counsel on both sides submit that issue involved in the present writ petition is no longer a res integra and is squarely covered by the decision of the Co-ordinate - 4 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 Bench of this Court in the case of Dr.Sayuj Paul M.K., Vs. Rajiv Gandhi University of Health Sciences1 (Dr.Sayuj Paul M.K.). This Court in Dr.Sayuj Paul M.K., has held at paragraph No.22, 23 and 24 as under; “22. The notification clearly and categorically indicates that there could be three more chances over and above the mercy chances. I am of the considered opinion that these three chances would have to be granted to the students who have not cleared their course even post the notification dated 15.12.2021. 23. Insofar as the contention of Ms.Mansi Kumar that the said notification applies only to undergraduate students and not to postgraduate students, as observed above, I am unable to accept the said submission since the COVID-19 pandemic did not distinguish between undergraduate students and postgraduate students nor can Respondent No.2 do so on that basis. The maximum number of attempts being enhanced by three more chances by the notification dated 15.12.2021, in my considered opinion would equally apply to both undergraduate and postgraduate students. 1 W.P.No.109097/2024 D.D 21.10.2025 - 5 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 24. The petitioner therefore would have three more chances post the completion of the year 2022-23, which ended with the supplementary examination conducted in March-2024, for which examination was to be conducted in October-2023 and as such I am of the opinion that the petitioner would be entitled to the relief which had been sought for.” 5. This Court categorically held that additional chances granted under the notification dated 15.12.2021 are applicable not only to undergraduate students but also to postgraduate students, and that the benefit cannot be denied on an artificial classification. It is further brought to the notice of this Court that the petitioner, acting on the said notification and the law declared by this Court, has completed the course in November-2025 and that the results have already been announced declaring him as already passed. 6. In light of the above facts and decision of the Co- ordinate bench, this Court is of the considered view, that the action of respondent No.1 in denying the benefit to the petitioner cannot be sustained. The petitioner is entitled to be treated as having completed the post graduation course - 6 - HC-KAR NC: 2026:KHC-D:291 WP No. 108579 of 2025 commencing in the academic year 2017-18 and completed in the year 2025. Accordingly, this Court pass the following; ORDER i) The Writ Petition is allowed. ii) The impugned communication dated 12.11.2025 issued by respondent No.1 (Annexure-K) is hereby quashed. iii) Respondent No.1-Rajiv Gandhi University of Health Science is directed to issue marks card, provisional certificate and final degree certificate in favour of the petitioner, treating him as having successfully completed postgraduate course in Ayurveda for the academic year 2017-18 within a period of four weeks from the date of receipt of copy of this order. Sd/- JUSTICE K.S.HEMALEKHA PJ/ Ct:VH List No.: 1 Sl No.: 34