Dr.Tayyaba Kauser v. National Commission For Homeopathy

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Mandamus deolaring the action of the respondents in excluding the Petitioner, who is an in-service Doctor working under Government of Telangana from counselling under the in-service quota for AIAPG ET 2025'26 by not treating the Petitioner as local candidate of the State of Telangana aS arbitrary, illegal, and consequently direct the respondents to process the application of the Petitioner forthwith for admission to ttID (Homeo) Course for the academic year 2025-26 and take further consequential action to enable the Petitioner to study the P.G. Course of tt/D (Homeo) as in-service candidate from the academic year 2025-26. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to accept the application of the Petitioner in physical form for the MD Homeo Course for the year 2025-2026. Counsel for the Petitioner : SRI K.R.K.V.PRASAD Counsel for the Respondent Nos.1 & 5 : SRI B.MUKHERJEE, COUNSEL REPRESENTING SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.2 : SRI G.RAVI, ADVOCATE FOR SRI T.SHARATH, SC FOR KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES counsel for the Respondent Nos.3 & 4 : sRl R.NAGARJUNA REDDY, AG.p FOR MEDICAL AND HEALTH The Court made the following ORDER ..', ;/' THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO W.P.No.32248 OF 2025 ORDER: (per Hon'ble Sri Justice P'Sant KttshS'1 Heard Mr. K.R.K-V'Prasad, leamed counsel for the petitioner, Mr. G.Ravi, learned counsel representing Mr. T.Sharath, leamed Standing counsel for Kaloji Narayana Rao UniversityofHealthSciencesforrespondentNo'2' Mr. R. Nagarjuna Reddy, learned Assistant Government Pleader for Medical, Health, and Family welfare Department for respondentNo.3andMr.B.Mukherjee,learnedcounsel representing Mr. N.Bhujanga Rao, learned Deputy Solicitor GeneraloflndiaforrespondentNo.5.Perusedtherecord.

2.Theinstantisawritpetitiorrwhichhasbeenfiledforthe following relief: "lt is therefore prayed that the Hon'ble Court may be pleased to issue a Writ' Order or Direction more particularly one in the nature of Mandamus declaring theactionoftherespondentsinexcludingthe Petitioner, who is an in-serv'ice Doctor working under Government of Telangana from counselling under the 2 in-service quota for AIAPGET 2025-26 by not treating the Petitioner as local candidate of the State of Telangana as arbitrary, illegal and consequently direct the respondents to process the application of the Petitioner forthwith for admission to tUD (Homeo) Course for the academic year 2025-26 and take further consequential action to enable the Petitibner to study the P.G.Course of MD (Homeo) as in-service candidate from the academic year 2025-26 and pass any other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

3. During the course of lrearing, learned counsel for both the parties brought to the notice of this Bench an order passed by a Division Bench of this High Court, headed by the Hon'ble the Chief Justice in W.P.No.3 0343 of 2025, disposed of on

07.10.202s

4. Undisputedly, the facts of the present case are, if not identical, sirnilar to the facts of the aforesaid writ petition. The said writ petition was disposed of based upon written instructions received from the Government of Telangana, Medical, Health and Family welfare (Cl) Department dated 07.ro.zozs. The observations made by the Division Bench so also the instructions of the Department dated 07.l0.zoz5 stands reproduced 3 in paragraphs 5 to 9 of the said order of the Division Bench dated

07.10.2025, which for ready reference, is reproduced hereunder:

5. Learned Assistant Government Pleader for the State has obtained written instructions from the Government of Telangana, Health, Medical and Family Welfare (C1) Department dated 07.10.2025, which is to the following effect: "To The Registrar, KNRUHS, Warangal. Sir, Sub: KNRUHS - Suits - W.P. filed by Dr.Matcha Kalyani & 5 others regarding PG Medical & PG AYUSH Counselling under in-service quota for the Academic Year 2025-26 - Reg. Ref: 1. G.O.Ms.No.148 & 149, HM&FW (Cl) Dept dated 21.12.2024. 2. Honble High Court orders dt: 17.12.2024 in W.P.No.3O77l of 2024. 3. Honble Supreme Court orders dt: L5.O1.2025 in SLP(C) No.3O7O6- 3O7O812024. 4. From Learned Advocate General, High Court for Telangana, Opinion.No. 1'O I 2024, dated: 2O.OI.2025. 5. Govt Lr.No. 12222/Cl12024 dated: 20.o1.2025. 6. W.P. No. of 2025 filed by Dr.Matcha Kalyani & 5 others.

1. In the tight of opinion given by the Learned Advocate General, Telangana and orders in the reference 3'a cited, Government hereby permit the Registrar, KNRUFIS, Warangal to allow candidates who have passed 9tt' to l2th from the State of Telangana, completed MBBS outside the State of Telangana and are working with the Government of Telangana, for cottnselling to PG Medical and PG AYUSH courses for the academic year 2025-26. However, it shall be clarified in the notification that these admissions would be subject to further orders in SLP (C) No. 3o7o6-3o7o8/2024- 4

2. Registrar, KNRUHS, Warangal is requested to take action accordingly. Yours faithfully sd/- SECRETARY TO GOVERNMENT" Learned Assistant Government Pleader for the State

6. submits that candidates like the petitioners would be permitted for counselling to PG Medical and PG AYUSH Courses for the academic year 2025-26, which, however, shall be subject to the further orders passed in SLP (C) Nos.30706-30708 of 2024

7. Learned Senior Counsel for the petitioners submits that since the Government of Telangana has agreed to allow the petitioners to participate in the counselling of PG Medical and PG AYUSH Courses for the current academic year, the present writ petition can be disposed of. He submits that in any case, such admission would be subject to further.orders in the pending Special Leave Petitions. Learned Assistant Government Pleader for the State

8. also submits that the matter can be disposed of in the light of the written instructions dated 07.10.2025 furnished by the Department. I Taking note of the aforesaid facts and circumstances and the instructions furnished by respondent No.1 , since the grievances of the petitioners are being addressed, the Writ Petition is disposed of. However, there shall be no order as to costs.

5. Given the fact that similar writ petitions have already been disposed of with a condition that the orders passed by this Court r , 1:.1 ,:i :.,i:, : 1. .rr". : , i.-r;Fai ...' - I i: 1'! 5 are subject to further orders that would passed in S.L.P (C) No.30706 -3070812024, we are inclined to dispose of the present writ petition in similar terms.

6. Accordingly, we direct respondent No.2iUniversity to ensure that the Government instructions dated 07.10.2025 reproduced hereinabove be applied in the case of the petitioner as well and the petitioner be also permitted to participate in the ongoing admission process for MD (Homeo) Course for the academic year 2025-2026 under the in-service quota. lt has been informed that the portal stands closed on 21 .10.2025. In view of the same, we direct respondent No.2/University to open the portal so far as the petitioner is concerned enabling her to participate in filling the \ required form for the said admission process for MD (Homeo) Course for the academic year 2025-2026. Further, subject to the petitioner being found otherwise eligible other than the ground of not having undertaken the graduation course from within the State of Telan gana, she be permitted to participate in the further admission process forthwith. €-? 6

7. However, as has been ordered in w.p.No.30343 of 2025, the admission, if at all if granted to the petitioner, the same would be subject to the outcome of the SLp pending before the Hon,ble Supreme Court i.e., S.L.p (C) No.30706-307OglZ0Z4.

8. The writ petition, accordingly, stands disposed of. It is made clear that respondent No.l arso should ensure that wherever necessary respondent No.l shall take necessary steps in ensuring that respondent No.2iUniversity does not face any difficulty in opening of the portal so far as the petitioner herein is concerned. 'Ihere shall be no order as to costs. consequently, miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.M. JAWAHAR REDDY ASSISTANT REGISTRAR ./' L7 SECTION OFFICER

1. The Chairperson, National Commission For Homeopathy,6l-65, lnstitutional 2. The Registrar, Kaloji Narayana Rao University of Health Sciences, Warangal, Area, Opp. D Block, Janakpuri, New Delhi- 110058. Dist. Warangal, Telangana.

3. The Principal Secretary, Health, Medical and Family Welfare Telangana Secretariat, State of Telangana at Hyderabad.

4. The Director, Department of Ayush Government of Telangana, Door No. 8-1- 14, Market Street, Near Passport office, Secunderabad-S00 003. Ministry of Education, Government of lndia, New Delhi.

5. The Secretary, National Testing Agency, Department of Higher Education 6. One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF 7. One CC to SRI K.R.K.V.PRASAD, Advocate IOPUCI 8. Two CD Copies lNDIA, Advocate IOPUC] w -l I i i I I i i I : I I\. To SA LS ,i? ,< n i l-i,i: '::l ! /... : ,ril ...,1 2 0 rr0 Utrt +- _- 'l . . I i_,r''- HIGH COURT DATED :2511012025 ORDER WP.No.32248 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 10 "*<a ffi*