Heritage City Institute of v. Union of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6106 OF 2026 (EDN-RES) BETWEEN:

¶1HERITAGE CITY INSTITUTE OF ALLIED HEALTH SCIENCES NO.C-1, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR (OPP. APOLLO HOSPITAL), MYSURU 570 023, REPRESENTED BY ITS PRINCIPAL DR. RAZA MOHAMMED RAZA ADOOR. &PETITIONER (BY SRI. S.S. RAMDAS, SENIOR COUNSEL A/W SRI. SYED KASHIF ALI, ADVOCATE) AND:

¶1UNION OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI 110 001, REPRESENTED BY ITS DIRECTOR.

¶2THE STATE OF KARNATAKA, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001, REPRESENTED BY ADDL.

by CHAYA S A Location: HIGH COURT OF KARNATAKA NC:(2026:KHC:19174( WP(No.(6106(of(2026( ( , ,,HC-KAR( ( ( CHIEF,SECRETARY., ,

3., REHABILITATION,COUNCIL,OF,INDIA,, A,STATUTORY,BODY,OF,MINISTRY,OF, SOCIAL,JUSTICE,AND,EMPOWERMENT,,, DEPARTMENT,OF,EMPOWERMENT,, OF,PERSONS,WITH,DISABILITIES,(DIVYANGJAN),, B22,,QUTAB,INSTITUTIONAL,AREA,,, NEW,DELHI,110,016,, GOVERNMENT,OF,INDIA,, REPRESENTED,BY,ITS,, MEMBER,SECRETARY., ,

4., RAJIV,GANDHI,UNIVERSITY,OF,HEALTH,SCIENCES, UNIVERSITY,ENACTED,BY,THE,GOVERNMENT,OF, KARNATAKA,,NO.12,,, TH TH30 ,,CROSS,ROAD,,4 ,,'T',BLOCK,,, JAYANAGAR,, BENGALURU-560041,, REPRESENTED,BY,ITS,DIRECTOR., , …RESPONDENTS, (BY,SMT.,ANUPARNA,BORDOLOI,,CGC,FOR,R1,&,R3;, SMT.,FARAH,FATHIMA,,ADVOCATE,FOR,R4;, SMT.,SUKANYA,BALIGA,B.,,AGA,FOR,R2), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO,,,, QUASH, THE, COMMUNICATION/, ORDERS, DATED, 25.09.2025, (ANNX-G),AND,29.01.2026,(ANNX-L),PASSED,BY,RESPONDENT, NO.3.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

¶1The petitioner has presented this Writ Petition praying to quash the orders dated 25.09.2025 and 29.01.2026 as per Annexures - G and L, issued by the respondent No.3 and direct respondent No.3 to reconsider the grant of approval of fresh proposal for B.A.S.L.P. Course at the petitioner-College.

¶2Heard Sri. S.S. Ramdas, learned Senior Counsel appearing along with Sri. Syed Kashif Ali, learned counsel for the petitioner, Smt. Anuparna Bordoloi, learned Central Government Counsel appearing for respondent Nos.1 and 3, Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondent No.2, Smt. Farah Fathima, learned counsel appearing for respondent No.4.

¶3Sri. S.S. Ramdas, learned Senior Counsel appearing for the petitioner, while referring to the letter dated

25.09.2025(Annexure-G), wherein the respondent No.3 - Rehabilitation Council of India (hereinafter referred to as 'RCI' for brevity) has declined to accept the fresh proposal of the petitioner - Institution for approval of B.A.S.L.P. Course, vehemently contended by referring to the Circular dated

22.08.2025 (Annexure-E), wherein the permission has been accorded at the earlier point of time and also by referring to Clause 7.0 of the Manual on Assessment of Academic Institutions (Annexure-H) of the RCI, it is argued that, it is mandatory on the part of the Officers of the RCI to visit the petitioner-Institution in person and thereafter take decision in the matter as to granting approval for the new B.A.S.L.P. Course and therefore, the respondent-RCI has no authority under law to make virtual inspection of the petitioner-Institution and accordingly, sought for interference of this Court.

¶4Per contra, Smt. Anuparna Bordoloi, learned Central Government Counsel appearing for respondent Nos.1 and 3, submitted that, the RCI is conducting the inspection through virtual mode as to according approval for the B.A.S.L.P. Course

and since the expert report would indicate the lacuna in the petitioner-Institution, and therefore, sought to justify the impugned letter at Annexure-G to the petition. It is also argued by Smt. Anuparna Bordoloi, by referring to the Circular dated 22.08.2025(Annexure-E) issued by the respondent-RCI, that the Circular itself would provide for the Council to conduct physical/virtual inspection or both and in that view of the matter it is submitted that, there is no infirmity in the letter dated 25.09.2025.

¶5Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondent No.2 and Smt. Farah Fathima, learned counsel appearing for the respondent No.4 sought to support the impugned letter at Annexure-G.

¶6In the light of the submissions made by the learned counsel appearing for the parties, the core question to be answered in this Petition is as to whether the joint assessment report by the visiting experts requires interference?

¶7In the light of the submissions made by the learned Senior Counsel for the petitioner that the petitioner-Institution

has complied with all the requirements as provided in the Manual on Assessment of Academic Institutions (Annexure-H) to the Writ Petition, though the learned Central Government Counsel representing the Respondent Nos.1 and 3 contended that, even if the inspection has to be done by virtual mode, however as the learned Senior Counsel appearing for the petitioner insists that the petitioner-Institution has completed all the parameters of the RCI Circular and the guidance as provided in The Manual (Annexure-H), and therefore, I am of the view that, it is open for the Members of the RCI to make a physical inspection of the petitioner-Institution on or before

25.04.2026 and to take decision in the matter as to whether the permission has to be accorded to the petitioner-Institution for approval of B.Sc.B.A.S.L.P. Course. However, it is made clear that before making such visitation by the experts of the RCI, the petitioner-Institution be made known about the date on which that they will make inspection.

¶8In that view of the matter, I pass the following: ORDER

(i) The Writ Petition is allowed.

(ii) The communication / order (Annexure-G) dated

25.09.2025 and the communication / order (Annexure-L) dated

29.01.2026, issued by the respondent No.3 are accordingly, set aside and the respondent No.3 is directed to reconsider the application dated

12.02.2024 (Annexure-B) and the representation dated 14.02.2025 (Annexure-J) submitted by the petitioner, in consonance with their physical inspection of the petitioner-Institution on or before 25.04.2026, as stated above.

(iii) However, it is open for the RCI to take decision as to the provisional admissions made by the petitioner-Institution for the Academic Year 2025-26 for the B.A.S.L.P. Course, in accordance with law.

SD/- (E.S.INDIRESH) JUDGE

sac List No.: 2 Sl No.: 62