Karnataka High Court
National Commissioner For Indian vs Shree Hemaraddi Mallamma on 3 October, 2025
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NC: 2025:KHC-D:13619-DB
WA No. 100630 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE S.RACHAIAH
WRIT APPEAL NO. 100630 OF 2025 (EDN-RES)
BETWEEN:
NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINES
MINISTRY OF AYUSH, GOVERNMENT OF INDIA
OFFICE NO.61-65, INSTITUTIONAL AREA,
JANAK PURL, D BLOCK, NEW DELHI-110058.
R/BY ITS SECRETARY
...APPELLANT
(BY SMT. ARCHANA PATHAK, ADDITIONAL SOLICITOR GENERAL OF
INDIA AND SRI. VENKATESH KHARVI, DEPUTY SOLICITOR GENERAL
OF INDIA AND SRI. AVINASH M. ANGADI, ADVOCATE)
AND:
1. SHREE HEMARADDI MALLAMMA EDUCATION TRUST
C/O. SRI VENKATESHWARA HOSPITAL,
2ND CROSS, GANDHI NAGAR, BALLARI-583103
REPRESENTED BY ITS PRESIDENT.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
VINAYAKA
BV 4TH BLOCK, JAYANAGAR BENGALURU-560041
Digitally signed by
REP. BY ITS VICE-CHANCELLOR
VINAYAKA B V
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.10.06 10:23:02
+0530
3. STATE OF KARNATAKA
DEPARTMENT OF AYUSH (AYURVEDA
YOGA & NATUROPATHY, UNANI,
SIDDHA & HOMOEOPATHYH),
DHANWANTRI ROAD, NEAR ANANDA RAO CIRCLE,
BENGALURU-560009.
REP. BY ITS PRINCIPAL SECRETARY
4. THE COMMISSIONER,
DEPARTMENT OF AYUSH
DANWANTRI ROAD, NEAR ANAND RAO CIRCLE,
BENGALURU-560001.
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NC: 2025:KHC-D:13619-DB
WA No. 100630 of 2025
HC-KAR
5. PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA, BENGALURU- 560001.
6. PRINCIPAL SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA, BENGALURU- 560001.
7. KARNATAKA EXAMINATIONS AUTHORITY,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM, BANGALORE 560 003.
8. THE SECRETARY,
MINISTRY OF AYUSH, GOVERNMENT OF INDIA,
AYUSH BHAWAN, B BLOCK,
GPO COMPLEX, INA, NEW DELHI-110023.
9. THE PRESIDENT,
MEDICAL ASSESSMENT AND RATING BOARD
FOR INDIAN SYSTEM OF MEDICINE (MARBISM)
JAWAHAR LAL NEHRU BHARTIYA
CHIKITSA AVAM HOMOEOPATHY
ANUSANDHAN BHAWAN, 61-65,
INSTITUTIONAL AREA, JANAKPURI "D" BLOCK,
NEW DELHI-110058.
...RESPONDENTS
(BY SRI. VIKRAM HULIGOL, SENIOR COUNSEL FOR
SRI. ABHISHEK PATIL, ADVOCATE FOR R1)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT
ACT, 1961, PRAYING TO QUASH THE IMPUGNED ORDER DATED
23.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN
WP.NO.105803/2025 IN THE INTEREST OF JUSTICE AND EQUITY &
ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE S.RACHAIAH
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NC: 2025:KHC-D:13619-DB
WA No. 100630 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)
1. This appeal is filed challenging an interim order dated 23.08.2025 passed by the learned Single Judge in WP No.105803 of 2025.
2. The facts that can be summed up are that respondent no.1 herein had requested permission from appellant to establish an Ayurvedic College during the year 2024-2025. The said request was not considered but was rejected in terms of an endorsement dated 01.08.2024 which was questioned before this Court in WP No.104631 of 2024. The writ petition was allowed in terms of an order dated 12.08.2024 and the appellant herein and its concerned officer was directed to inform respondent no.1 in advance and inspect the institution for verification of complaints/deficiencies and thereafter consider the application afresh. It was also ordered that in case the deficiencies were not essential and if respondent no.1 submitted an undertaking that it would comply with the -4- NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR same, the appellant herein and its officer concerned were directed to consider the same while passing orders for issuance of LOP for the academic year 2024-25. It was also directed that such inspection shall be done within 2 weeks from the date of the order and the reconsideration of the application filed by respondent no.1 would be done within a week thereafter. In the meanwhile, respondent no.1 was permitted to participate in the counseling for the year 2024-
25. Respondent no.1 claimed that despite the above, no inspection was done and therefore, the petitioner approached this Court in WP No.105803 of 2025.
3. The learned Single Judge of this Court in terms of an order dated 08.04.2025, noticed that an inspection as directed by this Court in WP No.104631 of 2024 was not conducted and that respondent no.1 had not paid the prescribed fee. Therefore, this Court directed that the prescribed fee shall be paid within 2 days and that an inspection will be caused within 10 working days from the date of such payment. It appears that following this order, -5- NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR the appellant herein inspected the institution of respondent no.1 and passed an order dated 12.08.2025 observing certain shortcomings in the institution established by respondent no.1. The appellant therefore rejected the permission but permitted respondent no.1 to submit a fresh scheme for the permission of Medical Assessment and Rating Board in the subsequent year. Respondent no.1 challenged the said order before this Court in WP No.105803 of 2025.
4. The learned Single Judge while considering interim reliefs passed an order dated 23.08.2025 and inter- alia, permitted respondent no.1 to participate in the counseling for the UG (BIMS course) for the academic year 2025-2026.
5. The appellant is aggrieved by the aforesaid order mainly on the ground that respondent no.1 which was required to file the prescribed application with the required particulars for the academic year 2025-2026, failed to do so and therefore, this Court should not have permitted -6- NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR respondent no.1 to participate in the counseling to admit the second batch of students for the year 2025-2026.
6. Per contra, the learned Senior Counsel for respondent no.1 submits that for the academic year 2024- 25, the inspection of the institution established by respondent no.1 was done only on 12.08.2025 and certain observations were found, many of which were not essential and could be explained. He submits that though this Court in WP No.104631 of 2024 permitted respondent no.1 to submit an undertaking to comply with the deficiencies that were not essential within a time frame, no such permission was granted to respondent No.1. He contends that this has snowballed into a major quagmire as respondent no.1 is not able to admit students for the second batch during the year 2025-2026. He further contends that after the interim order dated 23.08.2025 was passed by the learned Single Judge of this Court, 63 students have already been admitted and therefore, no useful purpose would be served in undoing the interim order granted by the learned Single Judge. With this -7- NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR and other contentions, he submitted that there has been a cat and mouse game between the appellant and respondent no.1, in as much as the appellant is unduly postponing the inspection of respondent no.1, which has spilled over the year 2024-2025, by which time, the academic year for the year 2025-2026 had already begun. He therefore contends that the impugned order is just and proper in the facts and circumstances of the case and therefore, no interference is warranted.
7. We have considered the submission of the learned counsel for the appellant as well as the learned Senior Counsel for respondent no.1.
8. The Central Government in exercise of its powers conferred by Section 36(j) of the Indian Medicine Central Council Act, 1970, has framed the National Commission for Indian System of Medicine (Minimum essential standards, assessment and rating for undergraduate Ayurveda colleges and attached teaching hospitals) Regulations, 2016. These Regulations were applicable to the respondent No.1 when it -8- NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR sought permission to establish an Ayurvedic college during 2024-25.
9. The requirements for minimum standard for grant of conditional permission for 1 year for an institution to establish a Ayurvedic College is Follows.
"(3) Requirements of Minimum Standard to grant of conditional permission of one year-
(a) The conditional permission of one year for particular academic session shall be granted only to those colleges which are fulfilling following requirements on the basis of the inspection by the Central Council between the 31st December to the 31st March for the succeeding academic session:
(i) the requirement of teachers as specified in the Schedule-V;
(ii) the requirement of teaching hospital as specified under sub-regulation (2) of regulation 7;
(iii) availability of minimum seventy-five percent. of required equipment as specified in the Schedule-VII;
(iv) availability of herbal garden as specified in the Schedule-III;
(v) availability of hospital staff as specified in the Schedule-IV,
(vi) availability of technical and other staff as specified in the Schedule-VI;
(vii) availability of college council as specified in sub-regulation (1) of regulation 9;
(viii) availability of college website as specified in sub-
regulation (2) of regulation 9;
(ix) availability of biometric attendance as specified in sub-
regulation (3) of regulation 9; and
(x) availability of minimum constructed area of college and hospital as specified in regulation 5.-9-
NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR
(b) the colleges, which have been granted conditional permission or which have been denied permission for the academic session 2015-16 shall be required to fulfill the requirements as specified above in clause (a) to obtain the conditional permission of one year for particular academic session or for a period of five years as specified in the regulations 4 to 11."
10. Likewise, the regulations, 2016 contemplated phase wise fulfillment of specific requirements of new colleges. Before admitting the first batch of students, the college was bound to have the following:-
"(i) at the time of submission of application, there shall be a fully developed hospital building as specified regulations 4 and 5 with functional Ayurveda hospital prior two years from the date of application, having appropriate number of beds, bed occupancy and Out-Patient Department attendance corresponding to the annual students intake capacity as specified in the sub-regulation (2) of regulation 7;
(ii) all teachers with the requisite qualifications as specified in Regulation 8 and non-teaching staff as specified in Schedule-VI, which are required for first professional year of teaching and training shall be appointed, and wherever there is shortfall of Professors, equal number of Readers shall be appointed;
(iii) minimum one specialist doctor or one clinical teacher in each of Kayachikitsa, Panchakarma, Shalya, Shalakya, Prasuti evam Stri Roga, Kaumarbhritya appointed for operating the teaching hospital and the experience of specialist doctor or clinical teacher shall be considered as a teacher from the date of appointment of the specialist doctor or two years prior to submission of application by
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR the applicant to the Central Government to establish a college whichever is lesser;
(iv) a library with two thousand and five hundred books, seating capacity of fifty persons for up to sixty admissions and eighty persons seating capacity for sixty-one to hundred admissions and staff as specified in Schedule-VI;
(v) well-equipped and furnished two lecture halls and teaching departments and laboratories and museums essential for the first professional year of teaching as specified in Schedules - I to VII;
(vi) a medicinal plants garden covering over two thousand and five hundred square meter of land and four thousand square meter of land for upto sixty seats and sixty-one to hundred seats respectively with plantation of minimum one hundred species of medicinal plants;
(vii) all the hospital staff shall be as specified in Schedule-IV;
and
(viii) it is mandatory to have web based and CRC (Central Registration Certificate issued by the Central Council) linked computerised biometric attendance system for teaching staff and web based computerised biometric attendance system for non-teaching college staff and hospital staff."
11. Similarly before admitting the second batch of students, the institution is bound to have the following:-
"(b) Before the admission of the second batch of students, the college shall have-
(i) there shall be a functional Ayurveda hospital having appropriate number of beds, bed occupancy and Out-
Patient Department attendance corresponding to the annual students intake capacity as specified in the sub- regulation (2) of regulation 7;
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR
(ii) all teachers with the requisite qualification as specified in regulation 8 and non-teaching staff as specified in Schedule-VI, which are required for the first and the second professional years of teaching and training shall be appointed, and wherever there is shortfall of Professors, equal number of Readers shall be appointed;
(iii) minimum one specialist doctor or one clinical teacher in each of Kayachikitsa, Panchakarma, Shalya, Shalakya, Prasuti evam Stri Roga, Kaumarbhritya Departments for working in the college hospital;
(iv) a library with five thousand books, seating capacity of fifty persons for up to sixty admissions and eighty persons seating capacity for sixty-one to hundred admissions and staff as specified in Schedule-VI;
(v) well-equipped and furnished three lecture halls and teaching departments, laboratories and museums, essential for first and second professional years of teaching as specified in Schedules - I to VII;
(vi) minimum one hundred and fifty species of medicinal plants and a herbarium-cum-demonstration hall in the medicinal plant garden;
(vii) all the hospital staff shall be as specified in Schedule-IV;
(viii) there shall be a Teaching Pharmacy (Rasayanashala) and quality Testing Laboratory attached to Department of Rasashastra evam Bhaishajya Kalpana, with minimum area as specified in Schedule II and equipment as specified in Schedule-VII for preparation of medicine as per syllabus; and
(ix) it is mandatory to have web based and CRC (Central Registration Certificate issued by the Central Council) linked computerised biometric attendance system for teaching staff and web based computerised biometric attendance system for non-teaching college staff and hospital staff."
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR
12. Likewise there are certain requirements that the colleges will have to fulfill before admitting the third batch and the fourth batch of students.
13. The regulations further mandate:-
"(2) (a) The permission to establish a new medical college and admissions to the students shall be granted initially for period of one year and shall be renewed on yearly basis subject to verification of achievement of annual targets as specified above in sub-regulation (1).
(b) It shall be the responsibility of the college to apply to the Central Council for purpose of renewal six month prior to the expiry of the initial permission.
(c) This process of renewal permission shall continue till such time the establishment of the new medical college is completed for passing-out of the first batch."
The aforesaid regulations are replaced by 'National Commission for Indian System of Medicine (Minimum essential standards, assessment and rating for undergraduate Ayurveda colleges and attached teaching hospitals) Regulations, 2024. Chapter V of the Regulations deal with "Timelines to comply the minimum essential standard as specified in these Regulations by the colleges established before notification of this regulations." Clauses
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR 52 and 53 of these Regulations are relevant and are extracted below:
"52. The Medical Institutions fully established or under establishment before the publication of these regulations may continue with same infrastructure, except for the infrastructural standards provided in said Table-10 which shall be fulfilled as per the time line provided in Table. The time lines provided in the said Table are maximum and no relaxation shall be provided thereafter.
53. The Medical Institutions permitted to establish before publication of these regulations may comply these regulations,-
(a) for the phases already established shall continue with same infrastructural standards and shall fulfil the specified standards and the time lines provided in the Table-10; and
(b) the minimum essential standards for the phases to be developed shall be fulfilled as specified in these regulations."
It also contemplates issue of letter of permission in Regulation 63 which reads as follows:
"63. Issue of letter of permission. - (1) Institute that received letter of intent (LOI-29.0) shall submit the compliance report by fulfilling all the minimum essential standards with details of teaching staff, non-teaching staff and hospital staff appointed as specified for first phase of establishment of Institution and security deposit to the Commission within the duration as provided by the Medical Assessment and Rating Board for Indian System of Medicine.
(2) Upon receipt of compliance report along with all necessary supportive documents the Medical Assessment and Rating Board
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR for Indian System of Medicine shall conduct inspection or visitation.
(3) The Medical Assessment and Rating Board for Indian System of Medicine shall examine the compliance report and the observations made by the visitors and if found that the applicant is fulfilling all the requisite minimum standards, the Institute shall be issued letter of permission (LOP-29.1) along with the Commission's unique Institutional Identity Document (year of issue followed by 'AYU' followed by 5-digit serial number) including Institutional login credentials for the Commission's portal.
(4) The applicant shall be communicated either approval or disapproval of the application or proposal or scheme by the Medical Assessment and Rating Board for Indian System of Medicine within six months from the last date for submission of application or proposal or scheme.
(5) The Institute received letter of permission (LOP-29.1) shall intimate the official mobile number as well as official e-mail identity document created as specified in these regulations within ten working days to the Medical Assessment and Rating Board for Indian System of Medicine at [email protected] by quoting the unique institutional Identity Document and there after all official correspondence shall be through these official mobile number and official email identity document only. (6) In case of fraudulent activities carried out by the institutions like fraudulent admissions, on paper teachers, financial frauds, fraudulent appointment of hospital staff, the permission of the college shall be withdrawn.
(7) An opportunity of being heard shall be given to the institution before withdrawal of the permission. (8) Letter of permission-(LOP-29.1) issued once shall be valid for that particular year and shall be renewed on yearly basis
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR until full establishment of the institution and thereafter, the institute shall be categorised under 'Extended Permission' or 'Yearly Permission' category as per the criteria specified in these regulations and shall be followed accordingly." Regulation 64 reads as follows:
"64. Issue of renewal of permission. (1) The Institutes issued with letter of permission (LOP-29.1) shall submit the compliance in respect to the fulfillment of minimum essential standards as provided in these regulations for second phase of establishment of the institution. The compliance report shall be submitted by the institution prior to six months to the expiry of letter of permission (LOP-29.1).
(2) The Medical Assessment and Rating Board for Indian System of Medicine shall conduct inspection or visitation and examine the compliance report submitted by the college and the observations made by the visitors and on fulfillment of the minimum essential standards the first renewal of permission (ROP-29.2) shall be issued.
(3) The same method shall be followed for second and third time renewal of permission (ROP-29.3 and ROP-29.4).
(4) During the subsequent years of third renewal, the Institute shall be treated as 'Fully Established Institution as provided under section 28 of the Act, and such Institutes are entitled for rating by the Medical Assessment and Rating Board for Indian System of Medicine."
(5) The steps of establishment of undergraduate Ayurveda Institute is as provided in the table-16.
Table-16 Details of permission or renewal of permission for establishment of undergraduate Ayurveda colleges
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WA No. 100630 of 2025
HC-KAR
Serial Section 28 Permission or Renewal Category Batch
Number and 29
(1) (2) (3) (4) (5)
1. 29.0 Letter of Intent Under -
Consideration
2. 29.1 Letter of First
Permission
3. 29.2 First renewal of Institution Second
permission under
4. 29.3 Second renewal of Establishment Third
permission
5. 29.4 Third renewal of Four
permission
6. 28 Fully established Fifth
recognised
institution
(6) In case of non-fulfillment of minimum essential standards and not attaining annual targets at ay phase of establishment of the institution in such case, the MARBISIM shall withdraw permission for admission for that academic session.
Table 14 and 15 contains the details of fee for the establishment of Ayurveda Under Graduate Medical College and details security deposit as per intake capacity.
14. A perusal of the writ petition filed before this Court shows that respondent no.1 had not filed any application for admitting the second batch of students and had not furnished the phase wise fulfillment of requirements before admitting the second batch of students. The interim order granted by the learned Single Judge had the effect of
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR exempting the respondent no.1 from fulfilling the requirements before admitting the second batch of students for the academic year 2025-2026. This patently is incorrect as this Court cannot belittle the process prescribed under the Regulations 2024.
15. Having regard to the fact that 63 students have already been admitted at respondent no.1, pursuant to the interim order passed by the learned Single Judge, it is only appropriate to fuse a condition to make the interim order more workable and also at the same time, ensure that the Regulations 2016 and 2024 are complied. This would also ensure that students admitted in the respondent No.1 are not left to the vagaries of litigation and also ensure that they receive quality education.
16. In that view of the matter, without disturbing the interim order passed by the learned Single Judge, this Court considers it appropriate to pass the following further order:-
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i) Respondent no.1 shall file an application as prescribed under the Regulations 2024 for the academic year 2025-2026 with the prescribed fee and setting out the compliances required of it before admitting the second batch of students. This application shall be filed within one week from today.
ii) The appellant shall inspect the institution of respondent no.1 on 17.10.2025 at 11.00 a.m. The appellant shall take appropriate decision after verify whether all the statutory requirements are complied.
iii) Contemporaneously respondent No.1 shall ensure compliance of all deficiencies pointed out in the order dated 12.08.2025 passed by the appellant. The appellant shall look into such compliance while inspecting the instution on 17.10.2025. It is made clear that respondent No.1 does not satisfy the appellant
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NC: 2025:KHC-D:13619-DB WA No. 100630 of 2025 HC-KAR about the compliance the admission made to the second batch shall stand nullified.
iv) The appellant shall intimate the respondent
No.1 about the fee prescribed for the
inspection by email and the respondent no.1 shall, without further delay, pay the inspection fee before the institution is inspected.
Sd/-
(R.NATARAJ) JUDGE Sd/-
(S.RACHAIAH) JUDGE VMB, CT:VP LIST NO.: 2 SL NO.: 1