Writ Petition No. 17211 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.17211 OF 2024 (EDN-RES) C/W WRIT PETITION NO.28947 OF 2024 (EDN-RES) IN W.P. No.17211/2024 BETWEEN: 1. AMRUTHA AYURVEDA MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAUVVA STADIUM, CHITRADURGA-577501. REPRESENTED BY ITS PRINCIPAL DR. PRASHANTH M.S. S/O. DR. M.S. SATYANARAYANASWAMY, AGED 42 YEARS. 2. MS. NEHA RAJKUMAR KUSNURE, D/O. MS. ANITA KUSNURE, AGE: 22 YEARS, R/O. VITHTHAL NAGAR, LATUR, MAHARASHTRA – 413512. ... PETITIONERS (BY SMT. BHAVANA N. PATIL, ADVOCATE FOR SRI ABHISHEK MALIPATIL, ADVOCATE) AND: 1. KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR. 2. THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 DIRECTORATE OF AYUSH, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041. REP. BY ITS REGISTRAR. 4. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI - 110058. REPRESENTED BY IS SECRETARY. ... RESPONDENTS
Legal Reasoning
(BY SRI N.K. RAMESH, ADVOCATE FOR R-1; SMT. NAVYA SHEKAR, AGA FOR R-2; SMT. FARAH FATHIMA, ADVOCATE FOR R-3; SMT. MANASI KUMAR, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED
Decision
ORDER WITH NO.RGUHS/AC2/ADM/BAMS/A024/2023-24 DATED 27.12.2023 ISSUED BY THE RESPONDENT NO.3 UNIVERSITY VIDE ANNEXURE-K; QUASHING THE IMPUGNED COMMUNICATION WITH NO.RGUHS/AC2/ADM/BAMS/A024/2023-24 DATED 11.03.2024 ISSUED BY THE RESPONDENT NO.3 UNIVERSITY VIDE ANNEXURE-M ONLY IN SO FAR IT RELATES TO THE DISAPPROVAL OF THE ADMISSION OF THE PETITIONER NO.2 AND ETC. - 3 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 IN W.P. NO.28947/2024 BETWEEN: 1. 2. MS. DIKSHA SUNIL GADAGE D/O. MR. SUNIL LAXMAN GADGE, AGE 20 YEARS, R/O. AL-MALIPADA, PO/TAL-MURBAD, MURBAD, THANE, MAHARASHTRA – 421401. T.M.A.E. SOCIETY’S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL HOSPETE – 583201. REPRESENTED BY ITS PRINCIPAL, DR. L. MANONMANI S/O. MR. T.A. LAKSHMINARASIMHA MURTHY, AGED 56 YEARS. ...PETITIONERS (BY SMT. BHAVANA N. PATIL, ADVOCATE FOR SRI ABHISHEK MALIPATIL, ADVOCATE) AND: 1. 2. 3. KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012 REP. BY ITS EXECUTIVE DIRECTOR. THE STATE OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, DIRECTORATE OF AYUSH, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041. REP. BY ITS REGISTRAR. - 4 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 4. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE JAWAHARLAL NEHRU BHARTIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAWAN, NO.61-65, INSTITUTIONAL AREA, JANAKPURI D-BLOCK, NEW DELHI – 110058. REPRESENTED BY IS SECRETARY. ... RESPONDENTS (BY SRI N.K. RAMESH, ADVOCATE FOR R-1; SMT. NAVYA SHEKAR, AGA FOR R-2; SMT. FARAH FATHIMA, ADVOCATE FOR R-3; SMT. MANASI KUMAR, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 19.02.2024 WITH REF.NO.RGUHS/AC2/ADM/BAMS/A021/2023-24 ISSUED BY THE RESPONDENT NO.3 UNIVERSITY VIDE ANNEXURE-G ONLY IN SO FAR IT RELATES TO THE DISAPPROVAL OF THE ADMISSION OF THE PETITIONER NO.1; AND DIRECT THE RESPONDENT NO.3 UNIVERSITY TO APPROVE THE ADMISSION OF THE PETITIONER NO.1 MADE TO THE BAMS COURSE AT THE PETITIONER NO.2 INSTITUTION FOR THE ACADEMIC YEAR 2023-24 AND TO DECLARE THAT THE PETITIONER NO.1 STUDENT IS ENTITLED TO CONTINUE IN THE COURSE OF STUDY WITHOUT INTERRUPTION. THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 ORAL ORDER Petitioners in WP No.17211/2024 are seeking for the following prayers: “i. Issue a writ or order or direction in the nature of certiorari quashing the impugned order with No.RGUHS/AC2/ADM/BAMS/A024/2023-24 dtd.27.12.2023 issued by the Respondent No.3 University vide Annexure-K; and ii. Issue a writ or order or direction in the nature of certiorari quashing the impugned communication with No.RGUHS/AC2/ADM/BAMS/A024/2023-24 dtd.11/03/2024 issued by the Respondent No.3 University vide Annexure-M, only in so far it relates to the disapproval of the admission of the Petitioner No.2; and iii. Issue a writ or order or direction in the nature of mandamus directing the Respondent No.3 University to approve the admission of the Petitioner No.2 made to the BAMS Course at the Petitioner No.1 Institution for the academic year 2023-24 and to declare that the petitioner No.2 is entitled to continue in the course of study without interruption; and - 6 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 iv. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.” 2. Petitioners in W.P. No.28974/2024 are seeking for the following prayers: “i. Issue a writ or order or direction in the nature of certiorari quashing the impugned communication dtd.19/02/2024 with Ref. No.RGUHS/AC2/ADM/BAMS/A021/2023-24 issued by the Respondent No.3 University vide Annexure- G; only in so far it relates to the disapproval of the admission of the Petitioner No.1; and ii. Issue a writ or order or direction in the nature of mandamus directing the Respondent No.3 University to approve the admission of the Petitioner No.1 made to the BAMS Course at the Petitioner No.2 Institution for the academic year 2023-24 and to declare that the petitioner No.1 student is entitled to continue in the course of study without interruption; and iii. Issue any other appropriate writ, or order or direction as this Hon'ble Court deems fit to grant in the ends of justice.” - 7 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 3. Heard the learned counsel for the petitioners and learned counsel for the respondents. 4. Respondent No.3 files a memo along with the copy of the Minutes of 196th (Special) Syndicate Meeting held on 15.01.2025 and the decision taken pertaining to BAMS Course students, who are admitted for the academic year 2023-2024 under the OBC (Non-Karnataka) Category and subject No.II of the meeting, the following decision has been taken : “SUBJECT II (1): DISCHARGE OF STUDENTS (NON-KARNATAKA) WHO HAVE SECURED BELOW PERCENTAGE IN 10+2 IN (PHYSICS, CHEMISTRY AND BIOLOGY) ADMITTED TO BAMS COURSE AT AYURVEDA COLLEGES FOR THE YEAR 2023-24 – REG. As per Regulations of RGUHS 2022 and KEA Notification, for General Category students minimum percentage is 50% in 10+2 (taken together in Physics, Chemistry and Biology) and for SC/ST/OBC students minimum percentage is 45% in 10+2 (taken together in Physics, Chemistry and Biology). Hence, letter was addressed to the above - 8 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 said Colleges to discharge the above students who have secured below percentage in 10+2 (Physics, Chemistry and Biology) for the academic year 2023- 24. Decision of CAC: As the candidates in the present case belong to the All-India OBC category and have not claimed/admitted under any reservation for their admission, they shall be eligible for admission based on the reduced percentile eligibility criteria as per the Apex body regulation. Hence, the admission they may be considered.” (Emphasis supplied) 5. The National Commission for Indian System of Medicine has notified (‘the NCISM’ for short) (Minimum Standards of Undergraduate Ayurveda Education) Regulations- 2022 (“Regulations” for short). That under the Regulation 5, the Eligibility criteria for admission to BAMS course for all candidates is notified by the NCISM. The eligibility criteria for a candidate belonging to OBC category is notified as 40% in 10+2 and 40th percentile in NEET entrance examinations. The relevant portion of the NCISM (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022 is extracted herein under for ready reference:- - 9 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 "5. Eligibility criteria for admission.- (1) The eligibility to seek admission in Bachelor of Ayurveda education shall be as under,- (a) The candidate shall have passed 10+2 or its equivalent examination from any recognised Board with Physics, Chemistry, Biology and have obtained minimum of fifty per cent. marks taken together in Physics, Chemistry and Biology in the case of general category and forty per cent. marks in the case of the Scheduled Castes, Scheduled Tribes and Other Backward Classes: Provided that in respect of persons with disability candidate specified under the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the minimum qualifying marks in the said examinations shall be forty-five per cent, in the case of General category and forty per cent. in the case of the Scheduled Castes, Scheduled Tribes and Other Backward Classes. 6. Respondent No.3 having decided that the students belonging to OBC (Non-Karnataka) Category are eligible for the admission based on the reduced percentile eligibility criteria as per the Apex Body Regulations, the - 10 - NC: 2025:KHC:5391 WP No. 17211 of 2024 C/W WP No. 28947 of 2024 grievance of the petitioner is meted, accordingly, the writ petitions stand disposed of in terms of the memo with a direction to respondent No.3-university to approve the admission of the petitioner-students. Pending I.A.s, if any, do not survive for consideration. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 34