Karnataka High Court
Karnataka Private Homoeopathic ... vs The Union Of India on 19 December, 2025
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WP No. 37205 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 37205 OF 2025 (EDN-RES)
BETWEEN:
1. KARNATAKA PRIVATE HOMOEOPATHIC MEDICAL
COLLEGE MANAGEMENTS ASSOCIATION,
No.103/6, 40 FEET BDA ROAD,
NGEF LAYOUT, MALATHAHALLI,
BENGALURU 560056,
REPRESENTED BY ITS GENERAL SECRETARY,
SRI.K.CHANDRASHEKAR,
S/O.SRI.HANUMANTHAPPA,
AGED ABOUT 76 YEARS.
Digitally
signed by K G
RENUKAMBA 2. BHAGAWAN BUDDHA HOMOEOPATHIC COLLEGE,
No.103/6, 40 FEET BDA ROAD,
Location:
HIGH COURT NGEF LAYOUT, MALATHAHALLI,
OF BENGALURU 560056,
KARNATAKA REP. BY ITS PRINCIPAL
DR.PRABHAKAR.D.S,
S/O.DORAIRAJ,
AGED ABOUT 62 YEARS,
3. ANURADHA HOMOEOPATHIC
MEDICAL COLLEGE AND HOSPITAL,
MANAGED AND RUN BY
ANURADHA EDUCATIONAL TRUST [R],
SITUATED AT SY.No.78/5,
SRIGANDADAKAVAL, SRIGANDHANAGAR,
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NEAR BWSSB WATER TANK AND
HEGGANAHALLI CROSS,
VISHWANEEDAM POST,
BANGALORE-560091,
REPRESENTED BY ITS PRINCIPAL,
DR.SUJATA.C. GOKAK,
D/O.SRI.CHANDRAKANT GOKAK,
AGED ABOUT 55 YEARS,
4. ROSY ROYAL HOMOEOPATHIC
MEDICAL COLLEGE AND HOSPITAL,
MALLAPURA, NELAMANAGALA,
BENGALURU-562162,
REPRESENTED BY ITS PRINCIPAL,
DR.SIRAJUDDULAH.M.,
S/O.MEHBOOB DAULAH,
AGED ABOUT 56 YEARS.
5. A. M. SHEIKH HOMOEOPATHIC
MEDICAL COLLEGE, HOSPITAL AND
PG RESEARCH CENTRE,
SHEIKH CAMPUS, NEHRUNAGAR,
BELAGAVI-590010,
REPRESENTED BY ITS PRINCIPAL,
SRI.R.KIRAN NARAYAN PATIL,
S/O.SRI.NARYAN KESHAV PATIL,
AGED ABOUT 52 YEARS.
6. AGM HOMOEOPATHI MEDICAL
COLLEGE AND HOSPITAL,
SHRI NAVAGRAHA TEERTH KSHETRA,
NH-4 ROAD, VARUR,
DHARWARD-581207,
MANAGED AND RUN BY
S.D.M JAINMATT TRUST [R],
REPRESENTED BY ITS PRESIDENT,
SWATI SHRI DHARMASEN BHATTARAK
PATTACHARYA MAHASWAMIJI,
AGED ABOUT 39 YEARS.
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7. ALVA'S HOMOEOPATHIC MEDICAL COLLEGE,
SHOBHAVANA CAMPUS,
MIJAR, MOODBHIDRI,
MANGALORE-574225,
REPRESENTED BY ITS PRINCIPAL,
DR.HERALS ROSHAN PINTO,
S/O.MR.WILLIAM PINTO,
AGED ABOUT 54 YEARS.
8. BHARATESH HOMOEOPATHIC
MEDICAL COLLEGE,
SY.No.16, BASAVAN KUDACHI EXTENSION,
SHINDOLI ROAD,
BELAGAVI-591124,
REPRESENTED BY ITS PRINCIPAL,
DR. SHRIKANT B. KONKANI,
S/O.SRI. BASAVANNI,
AGED ABOUT 59 YEARS.
9. B.V.V.S HOMOEOPATHIC MEDICAL COLLEGE,
BVVS OLD CAMPUS,
BAGALKOT-587101,
REPRESENTED BY ITS PRINCIPAL,
DR.ARUN.V.HOOLI,
S/O.SRI.VISHWANATH,
AGED ABOUT 55 YEARS.
10. DR.B.D.JATTI HOMOEOPATHIC MEDICAL
COLLEGE, D.C COMPOUND,
DHARWARD-580001,
REPRESENTED BY ITS PRINCIPAL,
DR.ANAND HOSUR,
S/O.SRI. JOTEPPA,
AGED ABOUT 48 YEARS,
11. H.K.E'S DR.A.B.MAALAKARADDY HOMOEOPATHIC
MEDICAL COLLEGE AND HOSPITAL,
MAHADEVAPPA RAMPUR
MARG SADAM ROAD,
KALABURAGI-585105,
REPRESENTED BY ITS PRINCIPAL,
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DR.RENUKANT GIRIDHARAO LOKRE,
S/O.GIRISHARA RAO LOKKE,
AGED ABOUT 57 YEARS,
12. S.B.SHIRKOLI HOMOEOPATHIC MEDICAL COLLEGE,
ANAND VIDYANAGAR,
SANKESHWAR TALUK,
BELAGAVI-591313.
REPRESENTED BY ITS PRINCIPAL,
DR.GIRISH.B.KULKARNI,
S/O.SRI.BALAKRISHNA.R.KULKARNI,
AGED ABOUT 52 YEARS,
13. SHIV BASAVA JYOTHI HOMOEOPATHIC MEDICAL
COLLEGE AND HOSPITAL,
AADHAR EDUCATION SOCIETY,
RS No.232, CHANAKYANAGAR,
NEAR BAUXITE ROAD, VIDYANAGAR,
BELAGAVI-590019,
REPRESENTED BY ITS PRINCIPAL,
SRI.R.DASHARATH BAMANE.
S/O.TUKARM BAMANE.
AGED ABOUT 59 YEARS.
14. SRI SATYA SAI COLLEGE OF
HOMOEOPATHIC MEDICAL SCIENCES,
SATTUR COLONY,
DHARWAD-580009,
REPRESENTED BY ITS PRINCIPAL,
DR.SAROJINI DESAI,
D/O.SRI.SUBARAY DESAI,
AGED ABOUT 51 YEARS,
15. SHRI VEERABHADRESHWAR HOMOEOPATHY
MEDICAL COLLEGE AND HOSPITAL,
HUMNABAD, BIDAR-585330,
REPRESENTED BY ITS PRINCIPAL,
DR.INDRAJEET PRUTHVIRAJ SHAH,
S/O.SRI.PRUTHVIRAJ SHAH,
AGED ABOUT 48 YEARS,
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16. YENAPOYA HOMOEOPATHIC MEDICAL COLLEGE,
AYUSH CAMPUS, NARIGANA VILLAGE,
DERALAKATTE POST,
MANGALORE-575018,
REPRESENTED BY ITS PRINCIPAL,
DR.VIJAYENDRA.V.ITAGI,
S/O.SRI. VASUDEV.S.ITAGI,
AGED ABOUT 55 YEARS,
17. FR. MULLER HOMOEOPATHIC
MEDICAL COLLEGE AND HOSPITAL
UNIVERSITY ROAD,
DERALAKATTE, MANGALURU-575018,
REPRESENTED BY ITS PRINCIPAL
DR. E.S.J. PRABHU KIRAN,
S/O SAMUEL ISAIAH,
AGED ABOUT 57 YEARS.
...PETITIONERS
(BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE FOR
SRI DILEEP C. G., ADVOCATE)
AND:
1. 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.
2. 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 CHAIRPERSON,
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3. 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.
4. THE STATE OF KARNATAKA,
HEALTH AND FAMILY WELFARE DEPARTMENT,
M.S.BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001,
REP., BY ITS PRINCIPAL SECRETARY.
5. THE AYUSH DEPARTMENT,
GOVERNMENT OF KARNATAKA,
DHANWANTRI ROAD,
ANAND RAO CIRCLE,
BANGALORE-560009.
REP., BY ITS COMMISSIONER,
6. THE KARNATAKA EXAMINATION AUTHORITY,
GOVERNMENT OF KARNATAKA,
18TH CROSS, SAMPIGE ROAD,
MALLESWARAM WEST,
BENGALURU-560012,
REP., BY ITS EXECUTIVE DIRECTOR.
7. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
4TH T' BLOCK, JAYANAGAR,
BENGALURU-560041,
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI H. SHANTI BHUSHAN, DSGI A/W
SMT. RESHMA THAMMAIAH, CGC FOR R1 & R3;
SRI ABHIMANYU DEVAIAH, ADVOCATE FOR R2;
SMT. N. ANITHA, AGA FOR R4 & R5;
SRI N.K. RAMESH, ADVOCATE FOR R6)
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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 FILL ALL THE
UNFILLED/VACANT SEATS WITH REDUCTION OF MINIMUM
PERCENTILE/PERCENTAGE i.e., 25TH PERCENTILE AFFIXED FOR
NEET ELIGIBILITY AS PER REGULATION 4(3) OF NCH (MSUAE)
REGULATIONS 2022 AND/OR TILL FILING UP OF THE VACANT
SEATS IN THE PETITIONER'S COLLEGES AND/OR ZERO
PERCENTILE WHO HAVE SECURED LESS MARKS AS DONE BY
GOVERNMENT OF INDIA, DIRECTORATE GENERAL OF HEALTH
SERVICES, MEDICAL COUNSELLING COMMITTEE IN RESPECT
OF PG COURSES FOR THE ACADEMIC YEAR 2023 AND 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
ORAL ORDER
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard Sri Vikram Huilgol, learned Senior counsel appearing for Sri C.G. Dileep, learned counsel for the petitioners; Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India along with Smt. Reshma Thammaiah, learned Central Government Counsel for respondent Nos.1 and 3; Sri Abhimanyu Devaiah, learned counsel for respondent No.2 and Smt. N. Anitha, learned Additional Government Advocate -8- NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR for respondent Nos.4 and 5 and Sri N.K. Ramesh, learned counsel for respondent No.6.
2. This petition is filed with the following prayers;
"(i) Issue a Writ of Mandamus or any other Writ/Order/Direction to the Respondents to fill all the unfilled/vacant seats with reduction of minimum percentile/percentage i.e., 25th percentile affixed for NEET eligibility as per Regulation 4(3) of NCH (MSUAE) Regulations 2022 and/or till filing up of the vacant seats in the Petitioners Colleges and/or zero percentile who have secured less marks as done by Government of India, Directorate General of Health Services, Medical Counseling Committee in respect of PG Courses for the academic year 2023.
(ii) Or in the alternative issue a Writ of Mandamus or any other Writ/Order/Direction to the Respondents to reimburse the fees amount for vacant seats to all Petitioner's colleges 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."-9-
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3. Petitioner No.1 is a registered Association of Homoeopathic Medical Colleges; petitioner Nos.2 to 17 are private Un-aided/Self-financed Medical Colleges, who are members of petitioner No.1; Respondent No.2 is established by the Central Government under the National Commission for Homoeopathy Act, 2020; Respondent No.3 is a Board constituted under respondent No.2 for assessing the Homoeopathic Medical Colleges; respondent Nos.4 and 5 are constituted by the State Government to monitor AYUSH Medical Colleges; respondent No.6 is constituted by the State Government to allot Medical/Dental/AYUSH Courses Seats as per the Seat Matrix given by the State Government based on NEET score and respondent No.7 is a University and is the Examination Authority to the petitioners-Colleges. 3.1 From the year 2021-22, respondent No.1 adopted NEET to Homoeopathy BHMS course fixing percentile equivalent to that of AYUSH Colleges, at par with Allopathy like Medical and Dental, at 50th percentile. It is stated that generally BAMS Course Seats fill more than 95% of the vacancies, whereas Homoeopathy BHMS Course fills only 50% seats, and that too only Government Quota Seats. The fee of Government Quota
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR Seats is less, which has resulted in financial downfall in collection of fees by the Private Un-aided/Self-financed Homoeopathic Medical Colleges.
3.2 The fixation of NEET percentile is the same for Ayurveda- BAMS course and for Homeopathy BHMS Course, which is at par with Allopathy Medical and Dental Courses. It is stated that in the State of Karnataka in Homeopathy BHMS admissions, only 30% to 50% are the seats filled-up in Private Un- aided/Self-financed Homeopathic Medical Colleges and that too, only against the Government seats. Due to reduction in filling- up of the seats, fees collections have reduced to 40% for BHMS Courses. 50% to 70% seats are vacant in Karnataka. Clause (3) of Regulation 4 of the National Commission of Homeopathy [Homeopathy Graduate Degree Course-Bachelor of Homeopathic Medicine and Surgery (BHMS)] Regulations, 20221 is stated to create discrimination and disparity. It is stated that non-implementation of Clause (3) of Regulation 4 of the Regulations 2022 works against the interest of the Private Un-aided/Self-Financed Homoeopathic Medical Colleges. As per 1 Regulations 2022
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR the second proviso to the aforesaid provision, the Commission may, in consultation with the Central Government lower the marks required for admission to undergraduate Course for candidates belonging to the category and marks so lowered by the Commission would be applicable for that academic year. 3.3 It is stated that when there is less admission or too less admissions in the petitioners' colleges, they should be permitted to admit students by reducing percentile even till zero percentile till filling-up of all the seats. The inaction of the respondents for reduction of percentile is under challenge in the instant petition.
4. The learned counsel for the petitioners has referred to the judgment of the Supreme Court in Harshit Agarwal and Others v. Union of India and Others2 to contend that the Supreme Court in that case was considering admission to the Undergraduate course for the BDS Course and it was observed by the Supreme Court that lowering the minimum marks and reducing percentile for admission to the first year BDS course would not amount to lowering the standards of education. 2 (2021) 2 SCC 710
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR After considering its own judgment in Union of India v. Federation of Self-Financed Ayurvedic Colleges, Punjab and others3, which held that non-availability of eligible candidates for admission to AYUSH (UG) Courses, cannot be a reason to lower the standards prescribed by the Central Council for admission, it was held that the facts of that case were entirely different inasmuch as, in the case before the Supreme Court in Harshit Agarwal (supra), it was the Dental Council itself that recommended for lowering of minimum marks, which is in accordance with the Regulations 2022. It was also noticed that the respondent had exercised its discretion and lowered the minimum marks for admission to the I-Year BDS course for the previous academic year. Therefore, the Supreme Court set aside the decision of the respondent dated 30.12.2020 to not reduce the minimum marks for admission to BDS Course as it suffered from the vices of illegality and irrationality. The Supreme Court also provided lowering the percentile marks by 10 percentile for the Academic Year 2020-2021. 3 (2020) 12 SCC 115
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5. Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India, on the other hand, has relied upon the judgment of the Supreme Court in NIMS University v. Union of India and Others4 to contend that the aforesaid judgment in Harshit Agarwal (supra) was distinguished by the Supreme Court while relying upon another Co-ordinate Bench judgment in Neppali Sai Vikash and Others v. Union of India and Others5, in which, it has been held that the question as to whether the percentile should be reduced is a matter of academic policy.
6. Though we are in agreement with the submissions advanced by Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India that the matter involves academic policy of the Government whether or not to reduce the percentile, however certain documents and instructions have been placed before us, which we cannot but refer to.
6.1 Along with the memo dated 15.12.2025, the instructions received from the Central Government AYUSH Education Policy Section II, Ministry of AYUSH, Government of India, while 4 (2023) 16 SCC 316 5 (2023) 16 SCC 311
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR referring to the provisions of Regulation 4 of the Regulations 2022, paragraph 12 of the judgment in Federation of Self- Financed Ayurvedic Colleges Punjab (supra) has been quoted and therein it is stated that reducing the percentile would dilute the academic standards, undermine merit based admissions, and adversely affect the competency based dynamic curricula being implemented by the Commissions, thereby impacting professional competence and patient safety. It is further stated that maintaining the existing percentile is essential to preserve educational quality, prevent dilution of competencies, and ensure future professional integrity. Therefore reduction for the year 2025-26 is not advisable.
7. Today, however, certain documents are being produced including a comparative statement of admissions to seats in State Undergraduate and Postgraduate Courses in Homeopathy before and after reduction of percentile for the Academic Year 2024-25 and 2025-26. The status of admissions and vacancies for the year 2025-26 has also been mentioned in respect of the Undergraduate-AYUSH and Homeopathy (State plus All India Quota) has also been submitted.
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8. It is sought to be demonstrated that for the year 2024- 25, before reduction of percentile for BHMS-UG Course, the vacancy was 44.19%. However, after reduction of 15 percentile, the vacancy came down to 10% for that year.
9. For the year 2025-26, it has been stated that without reduction of percentile as on 17.12.2025, the seat vacancy position is 16.19%. It has been stated orally that with the passage of time, after 17.12.2025, the vacancy percentage is expected to fall much below 16.19%.
10. A perusal of the table appearing at page 2 of the compilation produced today in respect of UG-AYUSH and Homeopathy, State and All India Quota for the year 2025-26, the vacancy position in Homoeopathy, which is stated to be the figure prior to 17.12.2025 is reflected as 16.26%. In several States, it is noted, that the vacancy positions are very high.
11. By way of illustration, in Jammu and Kashmir, the vacancy position is 85.71%; in Jharkhand 72.70%; in Himachal Pradesh 65%. We note that in 6 States, the vacancy position is above 50% and in 5 other States, it is above 30%. In Karnataka, it is 45.95%. Therefore, it is evident that the
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR vacancy percentage that is sought to be presented before this Court reflects disparities in the vacancies in various States. As a matter of fact, in 8 States the vacancy position is below 2% and those figures reduce the average of the vacancy position to 16.26%. There is patent disparity in vacancy positions in different States.
12. So, on one hand, we have the stand of the Central Government stating that maintaining the existing percentile is essential to preserve educational quality, preventing dilution of competencies and to ensure future professional integrity as a reason for not reducing the percentile for the year 2025-26, while on the other hand, for the previous year i.e. of the year 2024-25, the Commission, in consultation with the Central Government, has done just, that is to reduce the percentile to fill-up the large number of vacancies.
13. The public body having the mandate of admissions to a critical sector of health should be ever ready and willing to demonstrate that the criteria for eligibility for admissions to Undergraduate Medical Courses comprising of MBBS/Dental/ AYUSH/BHMS have been conducted in the manner that inspires
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR confidence and keeping with the objective criteria for exercising the discretion for reduction of percentile as has been enabled by the second proviso to Clause (3) of Regulation 4 of the Regulations 2022.
14. It is pertinent to mention here that the learned counsel for the petitioners has referred to a Notice dated 17.12.2025 issued by the Medical Counseling Committee6 addressed to the candidates for undergraduate counseling for the year 2025 informing that some MBBS seats are still lying vacant due to non-joining/non-reporting after the completion of stray vacancy round of UG Counseling 2025. It is mentioned that the competent authority has decided to conduct a special stray vacancy round for the vacant MBBS seats in an online mode, so that the precious medical seats do not go waste. It is also mentioned that stray round for BDS/B.Sc (Nursing) seats will be conducted along with MBBS seats. The eligibility criteria have also been mentioned therein. Though, price facie, the MCC is in contempt of decisions of the Supreme Court, which have deprecated the continuance of counseling process 6 MCC
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR indefinitely, however, this act of the MCC is being considered for another purpose.
15. It is submitted that conducting the aforesaid Special Stray Vacancy Round would result in several candidates, who were selected in the BHMS Course, seeking to opt for the MBBS Course leading to increase in the number of vacancies in the BHMS Course for the year 2025-26.
16. We are in agreement with the submissions of learned counsel for the petitioners. Apart from that, we are also at a loss to understand that under which provision of law, the Special Stray Vacancy Round is being conducted by the MCC. Be that as it may, the issue with regard to the vacancy in BHMS Courses in Private/Un-aided Homoeopathic Medical Colleges in Non-Government Aided seats continues to remain.
17. The issue that crops up is that what is the objective criteria being observed by the Commission and the Central Government in exercising the discretion vested in them under the second proviso to Clause (3) of Regulation 4 of the Regulations 2022. Other than the fact that the percentile was reduced to fill the vacancies for the previous year 2024-25, no
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NC: 2025:KHC:54471-DB WP No. 37205 of 2025 HC-KAR other criterion has been disclosed. That criterion too, as observed herein-above, is at variance with the stand taken by the Central Government in its instructions. Therefore, we recommend to the Central Government to consider, given the extreme situations being faced by Private/Un-aided Homoeopathic Medical Colleges for filling-up of vacancies in Non-Government seats, to formulate certain criteria to implement the provisions of the second proviso to Clause (3) of Regulation 4 of the Regulations 2022. The issue concerns the survival of such Homoeopathic Colleges.
18. Subject to the aforesaid observations, this petition is *disposed of.
Sd/-
(JAYANT BANERJI) JUDGE Sd/-
(K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 4 *Corrected today. 09.01.26.