Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 14.10.2026

Case Overview

  • Petitioner: Bharti Ayurved Medical College and Hospital, Durg (represented by authorized officer Amiya Bhonsle, Vice‑Principal) filed WPC No. 5296 of 2026.
  • Respondents: Union of India (Secretary, Ministry of AYUSH); Chairman, National Commission for Indian System of Medicine (NCISM); President, Medical Assessment and Rating Board for Indian System of Medicine (MARBISM); Secretary, Department of Health and Welfare, Govt. of Chhattisgarh; Director, Directorate of AYUSH, Chhattisgarh; Registrar, Pt. Deendayal Upadhyay Memorial Health Science and AYUSH University, Raipur.
  • Nature of proceeding: Writ petition challenging the impugned order dated 02.07.2026 issued by MARBISM that denied the college annual permission to admit 100 students to the Undergraduate BAMS course for the academic year 2026‑2027, under Section 28(1)(c) of the NCISM Act, 2020 read with Regulations 71(2)(d) and 71(3)(e) of the MESAR Regulations, 2024.
  • Background facts:
  • The college has been permitted to run the BAMS course since the 2016‑2017 session.
  • A compliance report was submitted on 01.12.2025 stating that previously identified deficiencies had been rectified.
  • A surprise inspection scheduled for 26.02.2026 could not be carried out because the Principal was attending a pre‑scheduled seminar; the inspection team’s email arrived shortly before their arrival.
  • The college submitted an explanation with supporting documents, including proof of the Principal’s seminar attendance.
  • MARBISM denied the annual permission on 02.07.2026 without conducting a further inspection or adequately considering the explanation.
  • The first appeal before the First Appellate Authority (the Chairman, NCISM) was rejected on 12.08.2026 without detailed reasoning.
  • A second appeal was filed on 15.09.2026 and remains pending.
  • Counselling schedule: Central counselling is slated for 14‑10‑2026 to 23‑10‑2026; State counselling for 24‑10‑2026 to 29‑10‑2026.
  • Counsel for petitioner: Senior Advocate Prafull N. Bharat and Advocate Akash Pandey.
  • Counsel for respondents: Various counsel including Dy. Solicitor General of India, advocates for NCISM, MARBISM, the State, and the University.

Final Outcome

  • The Court, noting the hardship faced by the petitioner due to the pending second appeal, directs the respondent authorities to permit the petitioner‑institution to participate in the Central counselling (14‑10‑2026 to 23‑10‑2026), the State counselling (24‑10‑2026 to 29‑10‑2026), and any subsequent counselling rounds, subject to the final outcome of the second appeal.
  • Such participation does not confer any vested right on the institution to admit students, nor does it give any student a right to claim admission.
  • The petitioner must clearly inform prospective students that the matter is pending before the Second Appellate Authority and that admission is contingent on the final decision.
  • The Central and State counselling authorities may also notify students of this condition at the time of counselling.
  • If the petitioner wishes to grant admission to any student pursuant to the counselling process, it must file an appropriate application before this Court seeking permission; admission cannot be claimed as a matter of right solely on the basis of the permission to participate.
  • The writ petition is disposed of.

Topics: Ayush Education, Admission Counselling, Legal Relief