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.3893-3953/2019 (EDN-RES) BETWEEN:
1. BANGALORE CITY COLLEGE OF PHARMACY NO.905/100, CHELIKERE MAIN ROAD BANASAWADI OUTER RING ROAD KALYAN NAGAR POST, CHELIKERE BANGALORE 560043 REPRESENTED BY ITS PRINCIPAL MR BHAGWAN SINGH 2. VIKAS RAWAT S/O KASHINATH RAWAT AGED ABOUT: 20 YEARS.
3. VISHWAKARMA RAVI RAJU S/O RAJU VISHWAKARMA AGED ABOUT: 21 YEARS.
4. YADAV SHYAM SUNDER S/O SUBEDAR YADAV AGED ABOUT: 18 YEARS.
5. YADAV PRASHANT MAYASHANKAR S/O MAYASHANKIAR YADAV AGED ABOUT: 21 YEARS.
6. MOHAMMAD SALEEM S/O NIJAMMUDIN AGED ABOUT: 22 YEARS.
7. YADAV PRATOK MAYASHANKAR S/O MAYASHANKAR YADAV AGED ABOUT: 22 YEARS.
8. SOORAJ KUMAR YADAV S/O HARI SHANKAR YADAV AGED ABOUT: 21 YEARS.
9. NAVIK MANOJ SAHABLAL S/O SAHABLAL NAVIK AGED ABOUT: 19 YEARS.
10. KRISHAN KUMAR YADAV S/O RAJPAT PAL AGED ABOUT: 18 YEARS.
11. NIRAJ PREMCHAND GUPTA S/O PREMCHAND GUPTA AGED ABOUT: 20 YEARS.
12. SWAMI NATH CHAUDHRI S/O RAM PRAKASH CHAUDHARY AGED ABOUT: 20 YEARS.
13. PANDEY ASHUTOSH RAMJEET S/O RAM JEETPANDEY AGED ABOUT: 20 YEARS.
14. AMIT KUMAR PAL S/O MANGRU PAL AGED ABOUT: 20 YEARS.
15. ROHIT YADAV S/O LALLAN YADAV AGED ABOUT: 20 YEARS.
16. CHETHAN SANTOSH SALUNKHE S/O SANTHOSH SITARAM SALUNKH AGED ABOUT: 19 YEARS.
17. GAUTAM AJAYKUMAR RANJEET S/O RANJEET KANTAPRASAD GAL AGED ABOUT: 19 YEARS.
18. DHEERAJ KUMAR YADAV S/O MAHENDRA PRASAD YADAV AGED ABOUT: 19 YEARS.
19. ROHIT YADAV S/O RAVINDRA NATH YADAV AGED ABOUT: 20 YEARS.
20. RAMRAJ VIJAY PRAKASH SINGH S/O VIJAY PRAKASH SINGH AGED ABOUT: 20 YEARS.
21. SHASHIPRAKASH KRISHNABIHARI S/O KRIHSNA BIHAR AGED ABOUT: 19 YEARS.
22. YADAV NILESH SABHAHPATHI S/O SEETA AGED ABOUT: 21 YEARS.
23. YADAV VIKAS JAYPRAKASH S/O JAYPRAKASH RAMRAJ YADAV AGED ABOUT: 19 YEARS.
24. GUPTA SAKSHI SANTOSH S/O GUPTA SANTOSH MOTILAL AGED ABOUT: 18 YEARS.
25. SINGH SUNILKUMAR S/O BHAGWAN PRASAD AGED ABOUT: 19 YEARS.
26. MISHRA NIRAJ GYANESHWAR S/O GYANESHWAR R MISHRA AGED ABOUT: 20 YEARS.
27. AJAY RAJENDREA PRASAD SONI S/O RAJENDRA PRASAD AGED ABOUT: 19 YEARS.
28. GAIKWAD PAYAL JAYARM S/O JAYARAM GULAM GAIKWAD AGED ABOUT: 19 YEARS.
29. PAL PRITI SHOBHANATH S/O SHOBHANATH AGED ABOUT: 18 YEARS.
30. SATEESH KUMAR PAL S/O SAHADEV PAL AGED ABOUT: 19 YEARS.
31. SACHINKUMAR S/O VISHMABARDAYAS G VALMIK AGED ABOUT: 18 YEARS.
32. SARAK NIKITA DNYANDEO D/O ASHA AGED ABOUT: 20 YEARS.
33. RAJESH SITARAM S/O SITARAM B YADAV AGED ABOUT: 39 YEARS.
34. YADAV ANJUKUMAR ASHOK KUMAR S/O PIYAREEDEVI AGED ABOUT: 19 YEARS.
35. PAL POOJA SHIVKUMAR D/O SARASWATI AGED ABOUT: 39 YEARS.
36. PAL POIORNIMADEVI SHYAM D/O SHIVAKUMARI AGED ABOUT: 19 YEARS.
37. ASHOK KUMAR PAL S/O SHYAM PYARI PAL AGED ABOUT: 26 YEARS.
38. TALASHILKAR AATISH SURYAKANT S/O SWATI AGED ABOUT: 19 YEARS.
39. CHAUHAN KOMAL LALCHAND S/O SHARMADEVI AGED ABOUT: 18 YEARS.
40. VARMA RAHUL OMPRAKASH S/O VIMLA, AGED ABOUT: 19 YEARS.
41. K M SONAM D/O KHADERU RAM AGED ABOUT: 28 YEARS.
42. SURENDRA KUMAR TRIPATHI S/O SHESH MANI TRIPATHI AGED ABOUT: 19 YEARS.
43. TRIPATHI ROHINI ARAVIND D/O ARAVIND, AGED ABOUT: 19 YEARS.
44. OZA HIMANI NARENDRA D/O GOVINDRAJU AGED ABOUT: 20 YEARS.
45. AJAY YADAV S/O CHANDRA PAL YADAV AGED ABOUT: 22 YEARS.
46. RAKESH YADAV S/O SHOBHNATH YADAV AGED ABOUT: 19 YEARS.
47. BHAGIRATH CHOUDHARY S/O CHUNA RAM CHOUDHARY AGED ABOUT: 21 YEARS.
48. BHATIA SAURABH SHAMBUNATH S/O SAURABH SHAMBUNATH BHA AGED ABOUT: 20 YEARS.
49. PAPPU KUMAR S/O JOTIK RAY AGED ABOUT: 21 YEARS.
50. MEGHANATHA B G S/O GOVINDRAJU B N AGED ABOUT: 21 YEARS.
51. SHIVA KUMAR JADADALI S/O DEVENRAPPA AGED ABOUT: 28 YEARS.
52. MAHESHA N S/O NARAYANAPPA AGED ABOUT: 20 YEARS.
53. PRANEETH P S/O PRABHAKAR T K AGED ABOUT: 23 YEARS.
54. IRAQI SAMEER S/O SAMEER AGED ABOUT: 20 YEARS.
55. KUSHA KUMAR S S/O SOMANATH R AGED ABOUT: 33 YEARS.
56. AKSHATA D/O SHIVANANDA AGED ABOUT: 19 YEARS.
57. GIRIJA RANI D/O REDDAPPA S M AGED ABOUT: 24 YEARS.
58. MEHER BABITA SHARAD D/O HIMATA RAM AGED ABOUT: 20 YEARS.
59. SUMA L D/O LAKSHMAIAH AGED ABOUT: 21 YEARS.
60. SHAIKH SHADMAAN MOHD FURKAN S/O MOHD FURKAN AGED ABOUT: 19 YEARS.
61. MAIGOOR SURESH NINGAPPA S/O NINGAPPA, AGED ABOUT: 21 YEARS.
PETITIONERS 2 TO 61 ARE STUDYING 1ST YEAR D PHARM COURSE, IN THE PETITIONERS COLLEGE NO.905/100, CHELIKERE MAIN ROAD, BANASAWADI OUTER RING ROAD, KALYAN NAGAR POST, CHELIKERE, BENGALURU-560043. ... PETITIONERS (BY SRI. SHIVARUDRA, ADVOCATE) AND:
1. THE GOVT. OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT VIKAS SOUDHA , VIDHANA VIDHI BENGALURU-1, REP BY ITS SECRETARY.
2. THE BOARD OF EXAMINING AUTHORITY DRUGS CONTROL DEPARTMENT P. KALINGA RAO ROAD SUBBAIAH CIRCLE, BENGALURU-27 REP BY ITS SECRETARY.
3. THE PHARMACY COUNCIL OF INDIA COMBINED COUNCIL BUILDING KOTLA ROAD, TEMPLE LANE NEW DELHI-110002 REP 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 THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO ACCORD APPROVAL FOR THE ACADEMIC YEAR 2017-18 AS THE INSPECTION OF THE PETITIONER COLLEGE IS COMPLETED 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.
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 forthwih.
Sd/- JUDGE KPS