Kle Academy of Higher Education and Research v. Union of India

NC:(2026:KHC-D:1893-DB( WP(No.(106257(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( THDATED(THIS(THE(9 (DAY(OF(FEBRUARY,(2026( PRESENT( THE(HON'BLE(MR.(JUSTICE(M.I.ARUN( (AND(( (THE(HON'BLE(MR.(JUSTICE(B.(MURALIDHARA(PAI( WRIT(PETITION(NO.(106257(OF(2025((EDN-MED)( BETWEEN:(( (

1., KLE,ACADEMY,OF,HIGHER,EDUCATION,,

AND,RESEARCH,DEEMED,UNIVERSITY,,, J,N,M,C,CAMPUS,,BELGAUM-590,010,,, R/BY,ITS,REGISTRAR,,DR.,M.S,GANACHARI,,, AGED,ABOUT,57,YEARS.,

,

2., JAWAHARLAL,NEHRU,MEDICAL,COLLEGE,, O/A.,J,N,M,C,CAMPUS,,BELAGAVI-590,010,,, R/BY,ITS,PRINCIPAL,,DR.,NIRANJANA,, SHAMBHULINGAPPA,MAHANTASHETTI,,

AGED,ABOUT,66,YEARS.,

…,PETITIONERS, Digitallytisigned by0V0N0BADIGER (BY,SRI.,PRABHULING,K.,NAVADAGI,,SENIOR,COUNSEL,FOR,, Location:0HIGH COURT0OF ,,,,,,SMT.,LATHA,S.,SHETTY,AND,, KARNATAKA DHARWAD BENCH ,,,,,,SRI.,SOURABH,MIRJE,,ADVOCATES), ( AND:( (

1., UNION,OF,INDIA,, MINISTRY,OF,HEALTH,AND,FAMILY,WELFARE,, (MEDICAL,EDUCATION),,NIRMAN,BHAVAN,,, NEW,DELHI-110,011,,R/BY,ITS,SECRETARY., ,

2., THE,DIRECTORATE,GENERAL,OF,, HEALTH,SERVICES,(DGHS),, NC:(2026:KHC-D:1893-DB( WP(No.(106257(of(2025( ( , ,,HC-KAR( ( ( O/A.,ROOM,NO.330-A,,NIRMAN,BHAWAN,,, MAULANA,AZAD,ROAD,,NEW,DELHI-110,011,,, R/BY,ITS,DIRECTOR., ,

3., THE,MEDICAL,COUNSELLING,COMMITTEE,(MCC),, O/A.,ROOM,NUMBER,354,,, DGHS,MINISTRY,OF,HEALTH,, AND,FAMILY,WELFARE,,, NIRMAN,BHAWAN,,, NEW,DELHI-110,011,,, R/BY,ITS,DIRECTOR., ,

4., NATIONAL,MEDICAL,COMMISSION,(NMC),, O/A.,POCKET-14,,SECTOR-8,,, DWARKA,PHASE-1,,, NEW,DELHI-110,077,,, R/BY,ITS,SECRETARY., ,

5., UNDERGRADUATE,MEDICAL,EDUCATION,BOARD,, NATIONAL,MEDICAL,COMMISSION,,, O/A.,POCKET-14,,, SECTOR-8,,DWARKA,PHASE-1,,, NEW,DELHI-110,077,,, R/BY,ITS,PRESIDENT., ,

6., STATE,OF,KARNATAKA,, DEPARTMENT,OF,MEDICAL,EDUCATION,,, M.S.,BUILDING,,AMBEDKAR,VEEDHI,,, BENGALURU-560,001,,, R/BY,ITS,SECRETARY., ,

7., KARNATAKA,EXAMINATIONS,AUTHORITY,, TH18 ,CROSS,ROAD,,SAMPIGE,ROAD,,, MALLESWARAM,,BENGALURU-560,012,,, NC:(2026:KHC-D:1893-DB( WP(No.(106257(of(2025( ( , ,,HC-KAR( ( ( R/BY,ITS,DIRECTOR., …,RESPONDENTS, (BY,SRI.,M.B.,KANAVI,,ADVOCATE,FOR,R1,TO,R3;, ,,,,,,SRI.,N.,SHETTY,AND,, ,,,,,,SRI.,ANOOP,DESHPANDE,,ADVOCATES,FOR,R4,AND,R5;, ,,,,,,SRI.,SHARAD,V.,MAGADUM,,AGA,FOR,R6;, ,,,,,,SMT.,SURABHI,KULKARNI,,ADVOCATE,FOR,R7), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,AND, 227, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, DECLARE, REGULATION,8,OF,"MAINTENANCE,OF,STANDARDS,OF,MEDICAL, EDUCATION, REGULATIONS,, 2023", AS, ULTRA, VIRES,, AND, CONTRARY, TO, THE, PROVISIONS, OF, THE, NATIONAL, MEDICAL, COMMISSION, ACT,, 2019;, ISSUE, WRIT, IN, THE, NATURE, OF, CERTIORARI, OR, ANY, OTHER, APPROPRIATE, WRIT,, ORDER,, OR, DIRECTION, TO, QUASH, , THE, IMPUGNED, ORDER, BEARING, NO.RENEWAL/UGMEB/2023-24/440, DATED, 21.08.2025, ISSUED, BY, UGME, BOARD-RESPONDENT, NO.5, AS, HIGHLY, ARBITRARY,, ILLEGAL,,AND,CONTRARY,TO,LAW,AND,CONSEQUENTLY,DIRECT, THE, COMPETENT, AUTHORITY/RESPONDENT, NO.4, TO, ISSUE, RENEWAL,OF,PERMISSION,FOR,200,MBBS,SEATS,FOR,AY,2025-

26.,ANNEXURE-A;,DECLARE,THAT,THE,ACTION,OF,RESPONDENT, NO.4, AND, 5, FOR, NOTIFYING, "ZERO", MBBS, SEATS, FOR, ADMISSIONS,AT,PETITIONER,INSTITUTION,FOR,AY,2025-26,IS, HIGHLY, ARBITRARY, ILLEGAL, AND, BAD, IN, LAW, AND, CONSEQUENTLY, DIRECT, THE, RESPONDENT, NO.3, AND, 7, TO, INCLUDE, AND, NOTIFY, 200, MBBS, IN, THEIR, RESPECTIVE, SEAT, MATRIX,AND,MAKE,ADMISSIONS,ON,THE,BASIS,OF,MERIT,IN, THE, COUNSELLING, PROCESS, FOR, ADMISSIONS, TO, UG, MBBS, COURSE,IN,AY-2025-26,,ANNEXURE-B,AND,ETC.,, , , THIS,PETITION,IS,COMING,ON,FOR,ORDERS,,THIS,DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, THE,HON'BLE,MR.,JUSTICE,M.I.ARUN, AND,, THE,HON'BLE,MR.,JUSTICE,B.,MURALIDHARA,PAI, (

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

Petitioner No.2 is a medical college affiliated to petitioner No.1 deemed university. It was sanctioned an intake of 200 students for the course of M.B.B.S.

¶2Subsequently, petitioner No.2 requested that its intake has to be increased to 250 students. At this juncture on the allegation that, there are certain deficiencies in the infrastructure of petitioner No.2-Institution and also on the ground that some officers of petitioner No.2 Institution tried to bribe some officers of respondent No.4-organisation, petitioner No.2-Institution was directed not to admit any students for the academic year 2025-26. It is submitted that prosecution has also been launched against some of the officers of petitioner No.2-Institution. Aggrieved by the same, the present writ petition is filed with the following prayers:

"i. Declare Regulation 8 of "Maintenance of Standards of Medical Education Regulations, 2023" as ultra vires, and contrary to the provisions of the National Medical Commission Act, 2019. ii. Issue writ in the nature of certiorari or any other appropriate writ, order, or direction

to quash the impugned order bearing No. Renewal/UGMEB/2023-24/440 dated 21.08.2025 issued by UGME Board-Respondent No.5 as highly arbitrary, illegal, and contrary to law and consequently direct the competent authority/Respondent No.4 to issue renewal of permission for 200 MBBS seats for AY 2025-26. Annexure-A. iii. Declare that the action of Respondent No.4 and 5 for notifying "Zero" MBBS seats for admissions at Petitioner institution for AY 2025-26 is highly arbitrary illegal and bad in law and consequently direct the Respondent No.3 and 7 to include and notify 200 MBBS in their respective seat matrix and make admissions on the basis of merit in the counselling process for admissions to UG MBBS course in AY-2025-26, Annexure-B. iv. Pass such other and further orders as this Court may deem fit and proper in the facts and circumstances of this case."

¶3By virtue of interim order of this Court, petitioner No.2-Institution has made admission for M.B.B.S. course for the academic year 2025-26. The case of the petitioners is that, in criminal law, there is no vicarious liability, and a mere allegation that some of its officers have tried to bribe the officers of respondent No.4 is not a sufficient material to withhold the

admission or to withdraw the permission granted to petitioner No.2-Institution to admit students. It is also submitted that all deficiencies pointed out have been cured.

¶4Learned counsel for respondent No.4 upon instruction submits that, subsequent to filing of the present writ petition, the case of petitioner No.2 has been considered favourably by respondent No.4 and petitioner No.2-Institution is permitted to admit 250 students for the course of M.B.B.S. for the academic year 2025-26 and in the light of the same, the request of the petitioner becomes infructuous as the prayer of the petitioner stand granted by respondent No.4 itself.

¶5The petitioner has also produced a letter of permission dated 16.10.2025 issued by respondent No.4 in favour of the petitioner herein, which shows that the petitioner is permitted to admit 250 students for the course of M.B.B.S. for the academic year 2025-26.

¶6In the light of the aforementioned letter of permission, the learned counsel for the petitioners submits that he does not press for prayer No.1 in the writ petition and he prays that the other prayers could be granted.

¶7In the light of the letter of permission dated

16.10.2025 issued by respondent No.4, the impugned order bearing No.Renewal/UGMEB/2023-24/440 dated 21.08.2025 vide Annexure-A to the writ petition and the impugned order dated

19.07.2025 vide Annexure-B to the writ petition stand quashed.

¶8The respondents are directed to approve the admissions made by petitioner No.2-Institution for the course of M.B.B.S. for the academic year 2025-26 in accordance with the letter of permission dated 16.10.2025.

¶9The writ petition stands disposed accordingly.

Sd/- (M.I.ARUN) JUDGE

Sd/- (B. MURALIDHARA PAI) JUDGE

SSP CT:BCK LIST NO.: 1 SL NO.: 14