IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.3577-3637/2019 (EDN-RES) BETWEEN 1. Ayushmaan College of Pharmacy Mahalakshmi Nagar Batawadi, Tumkur-572 103 Karnataka Represented by its Principal Ms.Harshini.A D/o Anand Aged about 24 years 2. Amit Kumar Gupta S/o Khetau Gupta Aged about 23 years 3. Ansari Mohd Fuzail S/o Ansari Arif Aged about 19 years 4. Ashutosh Mishra S/o Arun Kumar Mishra Aged about 22 years 5. Bhoir Ankita D/o Prakash Bhoir Aged about 19 years 6. Desai Bhagvanti D/o Basant Aged about 19 years 7. Dheeraj Kumar Singh S/o Hanshraj Singh Aged about 23 years 8. Dheerendra Kumar Tripathi S/o Vijay Kumar Tripathi Aged about 26 years 9. Kewat Dinesh Kumar S/o Kewat Barkhu Aged about 31 years 10. Gujar Vishakha D/o Anand Aged about 18 years 11. Gupta Archana D/o Sudama Gupta Aged about 19 years 12. Gupta Ashish S/o Jaygovind Gupta Aged about 19 years 13. Gupta Sahadev S/o Omprakash Gupta Aged about 18 years 14. Jain Virendra Kumar S/o Hiralal Jain Aged about 19 years 15. Jaiswal Jay S/o Jitendra Jaiswal Aged about 19 years 16. Kakade Somnath S/o Parmeshwar Kakde Aged about 24 years 17. Kamble Rohit S/o Ramesh Kamble Aged about 24 years 18. Kanojiya Yogesh Kumar S/o Narbadaprasad Aged about 19 years 19. Khan Enamullah S/o Kudratullah Khan Aged about 24 years 20. Khan Faisal S/o Mufid Khan Aged about 18 years 21. Khan Valiullha S/o Khan Imdadullha Aged about 23 years 22. Kushwaha Arohi D/o Ramekbal Kushwaha Aged about 18 years 23. Lohar Lavkumar S/o Ratanlal Aged about 21 years 24. Pratap Sandeep S/o Rajaram Pratap Aged about 37 years 25. Mishra Sanjay S/o Rajkumar Mishra Aged about 19 years 26. Mourya Satyaprakash S/o Shyamlal Mourya Aged about 31 years 27. Mukesh Kumar S/o Ramachandra Pandey Aged about 34 years 28. Najibur Rehman S/o Valiullah Shaikh Aged about 20 years 29. Narvekar Milind S/o Balakrishna Narvekar Aged about 31 years 30. Neeraj Kumar Singh S/o Hansraj Singh Aged about 28 years 31. Pal Jaydevi D/o Nanhelal Pal Aged about 20 years 32. Pal Vandana D/o Vijayshankar Pal Aged about 20 years 33. Patel Manoj S/o Khetaram Patel Aged about 18 years 34. Patel Netu D/o Khetaram Patel Aged about 18 years 35. Patel Sonu D/o Jangbahadur Aged about 19 years 36. Patel Surendra S/o Dalaram Aged about 18 years 37. Patel Vijay S/o Ganpat Bhai Patel Aged about 32 years 38. Rahul Rai S/o Balanand Rai Aged about 24 years 39. Rathod Dinesh S/o Babulal Rathod Aged about 19 years 40. Rudraksh Pandey S/o Mithilesh Pandey Aged about 19 years 41. Sachin Kumar Verma S/o Jay Prakash Verma Aged about 21 years 42. Samuta Sushmita D/o Ram Aged about 19 years 43. Sah Rohit S/o Subhash Aged about 19 years 44. Shaikh Mohd Faisal S/o Javed Shaikh Aged about 18 years 45. Khan Sarwar Jahan D/o Mohabatullah Khan Aged about 21 years 46. Shaikh Bilal S/o Shaikh Mehmood Aged about 18 years 47. Siddiqui Amirhusen S/o Siddiqui Shamseazam Aged about 19 years 48. Siddiqui Haseeb Ahmed S/o Mudur Rehman Aged about 32 years 49. Soni Isha D/o Umesh Soni Aged about 17 years 50. Soni Rahul S/o Lakshminiwas Soni Aged about 19 years 51. Sultn Meesam Hussain S/o Muzammil Sultan Aged about 19 years 52. Theem Mohd Shoaib S/o Mohd Yaqub Aged about 19 years 53. Verma Virendrakumar S/o Shyamjeet Verma Aged about 19 years 54. Vikas Gupta S/o Shubhash Gupta Aged about 19 years 55. Vishwakarma Amit S/o Ramesh Vishwakarma Aged about 20 years 56. Vishwakarma Shivnarayan S/o Mulchand Vishwakarma Aged about 40 years 57. Yadav Gyanchandra S/o Murari Yadav Aged about 23 years 58. Yadav Kiran D/o Sahabraj Yadav Aged about 20 years 59. Yadav Manoj S/o Surendra Prasad Aged about 21 years 60. Yadav Rishikesh S/o Pransingh Aged about 19 years 61. Yada Sharvan S/o. Ramker Yadav Aged about 20 years Petitioners No.2 to 61 are Studying 1st Year D. Pharm Course in the petitioners College Mahalakshmi Nagar, Batawadi, Tumkur – 572 103, Karnataka. ... Petitioners (By Sri.Shivarudra, Advocate) AND 1. The Government of Karnataka Health and Family Welfare Department Vikas Soudha, Vidhana Vidhi Bengaluru-560 001.
Represented by its Secretary.
2. The Board of Examining Authority Drugs Control Department P.Kalinga Rao Road Subbaiah Circle Bengaluru-560 027.
Represented by its Secretary.
3. The Pharmacy Council of India Combined Councils Building Kotla Road, Temple Lane New Delhi-110 002.
Represented by its Secretary. ... Respondents (By Smt. Pramodhini Kishan, AGA for R1 & R2; Sri.S.S.Haveri, Advocate for R3) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to direct the respondent No.3 to accord permission after inspection of the first petitioner college as the proposal was sent well within time and etc.
These Writ Petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER The subject matter of these writ petitions is substantially similar to the one in W.P.No.20390/2018 disposed off by this Court vide judgment dated 18.01.2019 wherein the operative portion reads as under:-
“In the above circumstances, these writ petitions succeed in part; a Writ of Certiorari issues quashing the impugned endorsement dated 13.03.2018 issued by the 3rd respondent-Pharmacy Council of India at Annexure-M; the matter is remitted to the 3rd respondent – Pharmacy Council of India for consideration afresh after affording an opportunity of hearing to the petitioner-institution within a period of four weeks in accordance with law.
The petitioners shall submit the Standard Inspection Form, accompanied by the Bank Draft for payment of prescribed fees and also any other documents to the 3rd respondent- Pharmacy Council of India within one week so that the exercise above mandated would be undertaken. It is open to the Pharmacy Council of India to have an inspection of the institution in question and also to solicit any information or the documents from the petitioners side as are required for due consideration of the matter afresh.
Since the examinations are scheduled to be held from 24.01.2019, the 2nd respondent-Board of Examination Authority shall announce the results of the examinations of the students who had appeared therein, on the strength of the interim orders granted by this Court, and further those students who are otherwise eligible shall be permitted to write the ensuing supplementary examination for the next level.
It is made clear that the examination result shall be dependent upon the outcome of the reconsideration of the matter by the 3rd respondent- Pharmacy Council of India as directed above.
A copy of operative portion of this order be made available to learned counsel for the petitioners, learned Addl. Government Advocate and learned Senior Panel Counsel for the 3rd respondent- Pharmacy Council of India.”
2. Learned counsel for the petitioners pressing into service the principle of parity submits that these petitioners being similarly circumstanced as that of the petitioners in the above cognate writ petition, need to be granted a similar relief.
3. Learned Additional Government Advocate Smt.Pramodhini Kishan appearing for respondent Nos.1 State and 2-the Board of Examining Authority and the learned Senior Panel Counsel Sri.S.S.Haveri on request appearing for the respondent No.3-The Pharmacy Council of India, do not much dispute the assertion of the petitioners, subject to the caveat that however, the similarity pleaded by the petitioners needs to be looked into by the concerned authorities and therefore, that liberty to be reserved to them.
4. In the above circumstances, these writ petitions are also disposed off in terms of the judgment dated 18.01.2019 rendered by this Court in the cognate W.P.No.20390/2018 extending the similar benefits to the petitioners herein too. However, liberty is reserved to the respondent No.2 to ascertain the factuals and if there is any difficulty, a decision shall be taken after hearing the petitioners.
A copy of the operative portion of the judgment shall be furnished to the learned counsel for the petitioners, learned Additional Government Advocate for respondent Nos.1 and 2 and the learned Senior Panel Counsel for the respondent No.3 forthwith.
Sd/- JUDGE KPS