Karnataka High Court
National Commission For vs Sri Balaji Education Trust on 16 January, 2025
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NC: 2025:KHC:1842-DB
W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.33/2022 (EDN-REG)
C/W
WRIT APPEAL NO.10/2022 (EDN-REG)
WRIT APPEAL NO.22/2022 (EDN-RES)
IN W.A. No.33/2022:
BETWEEN:
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
Digitally signed (ERSTWHILE CENTRAL COUNCIL
by ARSHIFA OF INDIAN MEDICINE)
BAHAR KHANAM JAWAHARLAL NEHRU BHARTIYA
Location: HIGH CHIKITSA AVAM
COURT OF
KARNATAKA HOMEOPATHY, ANUSANDHAN
BHAWAN, 61-65, INSTITUTIONAL AREA
JANAKAPURI D BLOCK
NEW DELHI-110058.
...APPELLANT
(BY SMT. APOORVA M, ADV.,)
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NC: 2025:KHC:1842-DB
W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
AND:
1. SRI. KRISHNARAJENDRA
CHARITABLE TRUST'S
INDIAN INSTITUTE OF AYURVEDIC
MEDICINE AND RESEARCH
BANGALORE PALACE COMPOUND
JAYAMAHAL ROAD
J C NAGAR, BANGALORE-560006
REP. BY ITS CHAIRMAN SRI. L.K. RAJU.
2. THE UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA
AND NATUROPATHY, UNANI
SIDDA AND HOMOEOPATHY (AYUSH)
'AYUSH BHAWAN' 'B' BLOCK
G P O COMPLEX, INA
NEW DELHI 110023
REP. BY ITS SECRETARY/SPECIAL SECRETARY.
3. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE DEPARTMENT
VIKAS SOUDHA, AMBEDKAR VEEDHI
BANGALORE 560001
REP. BY ITS PRINCIPAL SECRETARY.
4. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR
BANGALORE 560041
REP. BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1
SRI. H. SHANTHI BHUSHAN, DSGI FOR R2
SRI. M.N. SUDEV HEGDE, AGA FOR R3
R4 SERVED)
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NC: 2025:KHC:1842-DB
W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
PRESENT APPEAL, CALL FOR THE CONCERNED RECORDS
IN WRIT PETITION NO.48907/2019 AND SET ASIDE THE
IMPUGNED JUDGMENT DATED 13.09.2021 AND PASS
SUCH OTHER ORDERS AS THE HON'BLE COURT MAY DEEM
FIT, IN THE INTERESTS OF JUSTICE AND EQUITY.
IN W.A. NO.10/2022:
BETWEEN:
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
(ERSTWHILE CENTRAL COUNCIL OF
INDIAN MEDICINE)
JAWAHARLAL NEHRU BHARTIYA
CHIKITSA AVAM
HOMEOPATHY ANUSANDHAN BHAWAN
61-65, INSTITUTIONAL AREA
JANAKAPURI D BLOCK
NEW DELHI 110058.
...APPELLANT
(BY SMT. MANASI KUMAR, ADV.,)
AND:
1. SRI. BALAJI EDUCATION TRUST
RAMAKRISHNA AYURVEDIC MEDICAL
COLLEGE HOSPITAL AND RESEARCH CENTRE
NO.54/2, RAMAGONDANAHALLI
YELAHANKA, BENGALURU-560064
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
MR. ANIL KUMAR
S/O LATE GOPINATH PILLAI
AGED 55 YEARS.
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W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
2. THE UNION OF INDIA
MINISTRY OF AYURVEDA ,YOGA AND
NATUROPATHY, UNANI, SIDDHA AND
HOMOEOPATHY (AYUSH)
'AYUSH BHAVAN', 'B' BLOCK
G.P.O COMPLEX, INA, NEW DELHI-110023
REPRESENTED BY ITS SECRETARY/SPECIAL
SECRETARY.
3. THE RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS SECRETARY.
4. THE STATE OF KARNATAKA
DIRECTORATE OF AYUSH
DHANAVANTRI ROAD
BENGALURU-560009
REPRESENTED BY ITS DIRECTOR.
5. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560012
REPRESENTED BY EXECUTIVE DIRECTOR.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1
SRI. H. SHANTHI BHUSHAN, DSGI FOR R2
SRI. B.S. SACHIN, ADV., FOR R3
SRI. M.N. SUDEV HEGDE, AGA FOR R4
R5 SERVED)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW
THE PRESENT APPEAL, CALL FOR THE CONCERNED
RECORDS IN WRIT PETITION NO.38850/2019 AND
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W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
SET ASIDE THE IMPUGNED JUDGMENT DATED
28.09.2021, AND PASS SUCH OTHER ORDERS AS THE
HON'BLE COURT MAY DEEM FIT, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.A. NO.22/2022:
BETWEEN:
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
(ERSTWHILE CENTRAL COUNCIL OF
INDIAN MEDICINE), JAWAHARLAL NEHRU
BHARATIYA CHIKITSA AVAM
HOMEOPATHY, ANUSANDHAN BHAWAN
61-65, INSTITUTIONAL AREA
JANAKAPURI, 'D' BLOCK
NEW DELHI - 110 058
REP. BY ITS SECRETARY
DR. RAGURAM BHATTA.
...APPELLANT
(BY SMT. MANASI KUMAR, ADV.,)
AND:
1. AMRUTHA AYURVEDA MEDICAL
COLLEGE AND HOSPITAL
BEHIND ONAKE OBAUVVA STADIUM
CHITRADURGA - 577 501
REPRESENTED BY ITS SECRETARY
MR. BHARATH L
S/O PROF. L. LINGANNA.
2. THE UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA AND
NATUROPATHY, UNANI, SIDDHA AND
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W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
HOMEOPATHY (AYUSH)
AYUSH BHAWAN, B BLOCK
G.P.O. COMPLEX, INA
NEW DELHI - 110 023
REPRESENTED BY ITS SECRETARY/
SPECIAL SECRETARY.
3. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCE
4TH T BLOCK, JAYANAGAR
BENGALURU - 560 041
REPRESENTED BY ITS REGISTRAR.
4. THE STATE OF KARNATAKA
DIRECTOR OF AYUSH
DHANAVANTRI ROAD
BENGALURU - 560 009
REPRESENTED BY ITS DIRECTOR.
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, ADV., FOR R1
SRI. H. SHANTHI BHUSHAN, DSGI FOR R2
SRI. B.S. SACHIN, ADV., FOR R3
SRI. M.N. SUDEV HEGDE, AGA FOR R4)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW
THE PRESENT APPEAL, CALL FOR THE CONCERNED
RECORDS IN WRIT PETITION NO.49421/2019 AND
SET ASIDE THE IMPUGNED JUDGMENT DATED
28.09.2021, AND PASS SUCH OTHER ORDERS AS THE
HON'BLE COURT MAY DEEM FIT, IN THE INTERESTS
OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
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W.A. No.33/2022
C/W W.A. No.10/2022
W.A. No.22/2022
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) These Writ Appeals are filed by the National Commission for Indian System of Medicine (NCISM) challenging the orders of the learned Single Judge holding that the permission granted to the Institutions in question for the year 2020-21 to admit students in the UG (BAMS) course should be construed to be applicable for the previous year i.e., 2019-20 as well for the same intake capacity.
2. It is submitted that the learned Single Judge had passed the judgment in view of the Division Bench Judgment of this Court in Karnataka Ayurveda Medical College v. Union of India and others in W.P.No.50772/2018 dated 24.09.2020. However, it is contended by the learned counsel for the appellant that the question raised stands covered by the Judgment of the -8- NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 Apex Court in Central Council for Indian Medicine v. Karnataka Ayurveda Medical College and others reported in (2022) 7 SCC 46, where it has been specifically held that the grant of permission for undertaking admission in a particular academic session cannot be held to confer the benefit in earlier academic years where the Institution did not fulfill the criteria of minimum standards for the earlier years.
3. However, the learned counsel for the respondents submits that on the basis of the judgment rendered by the learned Single Judge, all the students who had secured admission for BAMS in the respective institutions in 2019-20 had completed their courses and had also been issued with their degree certificates.
4. Such submissions are placed on record.
5. In the light of the fact that the students were permitted to undertake their studies and have completed their courses, successfully passed out and also issued with -9- NC: 2025:KHC:1842-DB W.A. No.33/2022 C/W W.A. No.10/2022 W.A. No.22/2022 certificates, we are of the opinion that the appeals need not be entertained or considered at this stage.
6. The appeals are therefore closed recording the submission of the parties.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 4