High CourtsSingle Bench(2012) 10 KAR CK 0002

Anjali and Others vs The Government of India Ministry of Health and Family Welfare Department of Indian Systems of Medicine and Homeopathy, The Rajiv Gandhi University of Health Sciences and The Mallikarjuna Vidya Vardhaka Sanghas Rajeshwar Karpurmath Memorial Ayurvedic Medical College Bijapur

Karnataka High Court · Decided on 5 October 2012

HON’BLE JUDGES
Ram Mohan Reddy, J
CASE NUMBER
Writ Petition No''s. 48135-48153 of 2011 (EDN-RES)

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Judgment

4 paragraphs · 219 words

Ram Mohan Reddy

1.

Students of the third respondent-College said to have secured admission for the academic year 2010-2011 to the first year B.A.M.S. Course have presented these petitions for a mandamus to the second respondent-Rajiv Gandhi University of Health Sciences to regularise their admissions and treat them as regular recognised students under the third respondent-College. The third respondent-College apparently does not possess recognition from the Government of India, Ministry of Health and Family Welfare, u/s 13 of the Central Council for Indian Medicine Act, 1970, for the said academic year 2010-2011 and if that is so, the relief noticed supra to regularise the petitioners'' admissions in the third respondent-College is impermissible.

2.

Keeping in mind the hardship that the petitioners would suffer, it is appropriate to issue directions to the second respondent to ensure transfer of the petitioners to Colleges possessing the required recognition and regularise their admission in those Colleges and if necessary, secure the permission of the first respondent-Department of Indian Systems of Medicine and Homeopathy and thereafter, declare the results of the examinations in which the petitioners have appeared. Compliance by eight weeks time. In the meanwhile, if the calendar of examination is issued by the second respondent, the petitioners are permitted to appear for the said examinations.

The writ petitions stand disposed of accordingly.