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Judgment
This Writ Petition is filed seeking following reliefs:
a)Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No.1 and 2 to grant yearly permission to Siddhanth Ayurvedic Medical College, Hospital and Research Center at Athani Taluk, Belagavi District, Karnataka with 100 seats in UG (BAMS) course for the academic year 2026-27;
b)Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent No.4 University to approve the admission of the students admitted to the Siddhanth Ayurvedic Medical College, Hospital and Research Center at Athani Taluk, Belagavi District, Karnataka and permit them to appear in the regular and supplementary examinations for the academic year 2026-2027;
c)Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent Nos.1 and 2 to recognize the experience of the Teachers/ Faculty working in the Siddhanth Ayurvedic Medical College, Hospital and Research Center at Athani Taluk, Belagavi District, Karnataka for all future service prospects;
d)Pass such other relief as this Hon’ble Court deems fit in the interest of justice, equity and good conscience.
Facts in brief to file the present Writ Petition are as under:
The petitioner is a registered Trust and engaged in imparting education in various courses, since 2019.
On the earlier point of time, the petitioner was before this court in W.P.No.104631/2024, seeking to quash the endorsement dated 01.08.2024 issued by the respondents for declining Letter of Permission1 for the academic year 2024-25.
The Coordinate Bench of this Court vide order dated 12.08.2024, quashed the endorsement and directed the respondent to cause inspection and consider the application of the petitioner afresh, while permitting steps to be taken for counseling, subject to the outcome.
Since the inspection was not conducted during the time permitted in terms of the order passed by the Coordinate Bench of this Court, the College participated in the counseling and 100 students were allotted to the petitioner College in the counseling for the academic year 2024-25.
Thereafter, for the academic year 2025-26, the petitioner approached this Court in W.P.No.105803/2025.
The Coordinate Bench of this Court on 23.08.2025, granted interim order and permitted the petitioner to participate in the counseling. The said order was the subject matter before the Division Bench of this Court in W.A.No.100630/2025.
The Division Bench of this Court, disposed of the Writ Appeal, without disturbing the interim order granted, however fixed the date on 17.10.2025 to hold inspection.
The order passed by the Division Bench of this Court was assailed before the Hon’ble Supreme Court in SLP (C) No.29987/2025.
The Hon’ble Supreme Court, by its order dated 16.10.2025, disposed of the appeal, however clarifying that the petitioner i.e., respondents herein shall conduct the inspection on any date, without intimating the College within a period of four weeks from 16.10.2025.
Thereafter, on 29.10.2025 and 30.10.2025, the visitation team of Medical Assessment and Rating Board for Indian System of Medicine2, visited the Petitioner - College in hybrid mode for admitting the second batch for the academic session 2025-26.
The assessment report was placed in the 152nd Board Meeting of National Commission for Indian System of Medicine3, wherein certain deficiencies were reflected and the Petitioner - College was permitted to participate in the hearing, before taking any action on the said deficiencies.
It appears that the MARBISM declined to issue LoP for the academic year 2025-26, which was the subject matter before this Court in W.P.No.108989/2025. An interim order came to be passed on 17.12.2025 in the said Writ Petition, permitting the College to take students for the academic year 2025-26.
Now, for the present academic year i.e., 2026-27, the petitioner College, by means of representation dated 04.03.2026, through e-mail requested the second respondent to release Part-1 Proforma for admission of students for the academic year 2026-27, which is followed by letter dated 06.07.2026. However, till date the request of the petitioner has not been considered in terms of the provisions contained under the National Commission for Indian System of Medicine Act, 20204, by holding an inspection prior to issuing LoP for the academic year 2026-27.
Aggrieved by the inaction on the part of the respondents in not considering the petitioner’s representation, the petitioner is before this Court seeking the reliefs supra.
Heard, Sri.Vikram Huilgol, learned Senior counsel assisted by Sri.Shivaprasad Shantangoudar, learned counsel for the petitioner, Sri.Avinash Angadi, learned counsel appearing for respondents 1 and 2, Sri.Venkatesh M.Kharvi, learned DSGI appearing for respondent No.3, Sri.Avinash Banakar, learned counsel appearing for respondent No.4, Sri.Sharad V.Magadum, learned Addl. Government Advocate appearing for respondents 5 and 6 and Ms.Surabhi Kulkarni, learned counsel appearing for respondent No.7.
Section 28 of the Act of 2020, reads as under:
“28.(1) The Medical Assessment and Rating Board for Indian System of Medicine shall perform the following functions, namely:–
(a)determine the procedure for assessment and rating of medical institutions on the basis of their compliance with the standards laid down by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-Rigpa, in accordance with the regulations made under this Act;
(b)grant permission for establishment of a new medical institution or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 29;
(c)carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this Act:
Provided that the Medical Assessment and Rating Board for Indian System of Medicine may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions:
Provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the Medical Assessment and Rating Board for Indian System of Medicine, it shall be obligatory on such institutions to provide access to such agency or person;
(d)conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations;
(e)make available on its website or in public domain, the assessment and ratings of medical institutions at regular intervals, in accordance with the regulations made under this Act;
(f)take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the Commission for withdrawal of recognition, against a medical institution for its failure to maintain the minimum essential standards specified by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-Rigpa, in accordance with the regulations made under this Act.
(2)The Medical Assessment and Rating Board for Indian System of Medicine may, in the discharge of its functions, make such recommendations to, and seek such directions from, the Commission, as it deems necessary.”
Section 28(1)(c) of the Act of 2020, mandates that the MARBISM shall carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under the Act, for the purpose of issuance of LoP for any fresh academic year, in the case on hand for the academic year 2026-27.
As per the records, the petitioner College by way of e-mail, requested the MARBISM to hold an inspection in terms of the provisions of the Act of 2020, followed by another representation by way of Letter dated 06.07.2026. However, the same are not considered.
As the matter stood thus, the Government has issued Seat Matrix and started counseling from 07.10.2026 and first round of counseling will be closing on 12.10.2026. In that view of the matter, if the inspection is not conducted in terms of Section 28(1)(c) of the Act of 2020, there will be loss of medical seats to the College and the same would reflect in loss of education to 100 students.
The Act is enacted with avowed object for the purpose of maintaining higher standards and streamlining the medical education across the Country. If the mandate provided under Section 28(1)(c) of the Act of 2020 are not adhered to, the same has the effect of distracting the entire object of the Act. In view thereof, this Court proceeds to pass the following:
ORDER
The Writ Petition is allowed.
Respondents 1 and 2 are directed to hold surprise inspection in terms of Section 28(1)(c) of the Act of 2020, in accordance with the law, within a period of 15 days from today and to pass appropriate order on inspection within the same period, in accordance with the law.