Karnataka High Court Examines Constitutional Challenge to National Commission of Homeopathy Act, 2020 by Private Homeopathic Medical Colleges. Dispute Concerns NEET Requirement, Counseling Process, and Fee Fixation for Academic Year 2022-23.

Writ petition under Articles 226 and 227 of the Constitution of India seeking declaration of unconstitutionality of certain provisions and directions regarding admissions and fee fixation.

Declaration that specified sections of the National Commission of Homeopathy Act, 2020 are unconstitutional; quashing of the 2022 Regulations and the Addendum dated 13.12.2022; directions for management quota counseling, fee determination, and continuation of admissions based on NEET merit list and government order dated 13.10.2022.

Alleged manifest arbitrariness, unworkability, and unconstitutionality of the impugned provisions; hardship to private homeopathic colleges due to vacant seats when strictly adhering to NEET and centralised counseling.

Interim orders in W.P.No.41486-534/2018 and connected matters permitted admissions without NEET; Supreme Court in Civil Appeal No.603/2020 upheld NEET for ayurveda but allowed challenge for homeopathy; in W.P.No.100650/2021, division bench quashed Regulations and approved admissions under interim order; on 22.11.2022, High Court passed interim order allowing admissions without NEET in W.P.No.1261/2022; Supreme Court on 13.02.2023 set aside that order and remitted for final disposal.

Whether Sections 3, 4, 10, 12, 14, 43, 44, 55(2)(i)(m) of the National Commission of Homeopathy Act, 2020 are manifestly arbitrary, unworkable, and unconstitutional. Whether the National Commission for Homeopathy (Homeopathy Graduate Degree Course - B.H.M.S.) Regulations, 2022 are manifestly arbitrary and illegal in so far as they adopt NEET, centralised counselling, and prescribed seat matrix with quotas. Whether the Addendum dated 13.12.2022 issued by the State Government is illegal, unreasonable, and unenforceable. Whether the court should direct that counseling for the management quota of 60% be permitted based on NEET merit list and government order dated 13.10.2022, and that NRI/management quota seats be filled through institutional counseling. Whether the Fee Regulatory Committee should be directed to determine fees for homeopathy colleges for the academic year 2022-23 within a fixed time frame. Whether pending fee determination, the amounts indicated in the Government Order dated 13.10.2022 should be operated.

Learned Senior Counsel for the petitioners submitted that the fundamental rights of private educational institutions as acknowledged and recognized under the Constitution are violated by the impugned provisions and regulations.

the petitioners were permitted to admit students who were meeting the academic qualifications prescribed in the Regulations but have not appeared in NEET. (Para 2) The Hon'ble Supreme Court did not disturb the admission already made but upheld the validity of the notification prescribing NEET for admission to ayurveda courses. However, validity of the notification issued by Homeopathic Central Council was not decided and the petitioners were granted the liberty to raise the issue before the High Court. (Para 4)

The State Government on 27.01.2018 adopted NEET for Ayush courses. Petitioners challenged this in W.P.No.41486-534/2018 and obtained an interim order on 11.10.2018 permitting admissions without NEET. For 2019-20, after amendment to Degree Course Regulations, a further interim order on 20.09.2019 allowed admissions to unfilled seats after NEET choices. The Supreme Court in Civil Appeal No.603/2020 on 20.02.2020 upheld NEET for ayurveda but left open the homeopathy challenge; the High Court then disposed of the writ petition on 11.12.2020. For 2020-21, the Central Government lowered the percentile. In W.P.No.100650/2021, a division bench on 31.08.2021 quashed the Regulations and approved admissions under the interim order. The Homeopathy Central Council Act, 1973 was replaced by the National Commission of Homeopathy Act, 2020. In 2022, the National Commission for Homeopathy circulated draft regulations and the State Government on 13.10.2022 issued an order on fee structure and seat matrix. Petitioners made representations. The 2022 Regulations were notified on 06.12.2022, and an Addendum was issued on 13.12.2022. Petitioners filed an interlocutory application in W.P.No.1261/2022 and got an interim order on 22.11.2022 allowing admissions without NEET. The Supreme Court set aside that order on 13.02.2023 and remitted the matter for final disposal before the last date for admissions, which was 04.03.2023. The present petition was listed for final hearing, and arguments were heard on 02.03.2023 and 03.03.2023.

• National Commission of Homeopathy Act, 2020: 3, 4, 10, 12, 14, 43, 44, 55(2)(i)(m)
• National Medical Commission Act, 2019: 14
• Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006: 6, 7