IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.21417-21477 OF 2018 (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. Kukshwaha 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 Vijashankar 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 Sultn 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.Shivrudra, 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.
3. The Pharmacy Council of India Combined Council Building Kotla Road, Temple Lane New Delhi-110 002.
Represented by its Secretary. ... Respondents (By Smt. Pramodhini Kishan, AGA for R- & 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 petitioner college as the proposal was sent well within time and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER These writ petitions by the College of Pharmacy and its students, seek a direction to respondent No.3-Pharmacy Council of India to accord permission after inspection to the petitioner No.1-College for the academic year 2017-18.
2. After service of notice, Sri S.S. Haveri, learned Senior Panel Council having appeared for the respondent No.3-Pharmacy Council of India, submits that request of the petitioner No.1-College has already been rejected vide endorsement dated 01.05.2017 at Annexure-5 to the counter affidavit and therefore, the question of consideration of fresh does not arise.
3. The learned counsel for the petitioners submits that such rejection does not come in the way of said respondent considering the fresh representation after conducting inspection if any in accordance with law. He also submits that the fact matrix of these cases is akin to that in the cognate writ petition No.19547/2018 wherein, some relief has been granted to the petitioner No.1-Institution vide judgment dated 03.01.2019 and therefore, these petitioners are also to be treated alike on the principle of parity. There is some force in this submission which is not put much in dispute.
4. In the light of above discussion, these writ petitions also are disposed off reserving liberty to the petitioner No.1-Institution/College to make a comprehensive representation supported by necessary documents forthwith which shall be considered by the respondent No.3-Pharmacy Council of India in accordance with law, keeping in view the hanging fate of the students.
All contentions of the parties are kept open.
PN/-
Sd/- JUDGE