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.20141-20201 OF 2018 (EDN EX) BETWEEN:
1. Bengaluru College of Pharmacy No.67/1, Kodathi, Off Sarjapur Road, Bengaluru East Taluk, Bengaluru-35 Represented by its Principal Mr.R Pramod S/o Rajashekar Murthi H.S Aged about 32 years.
2. Gupta Shailesh Ramkumar S/o Mr.Gupta Ramkumar Aged about 20 years 3. Rai Ravishankar Ramshankar S/o Ramshankar Rai Aged about 17 years 4. Ansari Rashid Irshad S/o Mohammad Irshad Aged about 20 years 5. Prashanth C Patil S/o Channappa S Patil Aged about 22 years 6. Tapan Pramanik S/o Ratan Pramanik Aged about 16 years 7. Kumar Goni S/o Veerappa Aged about 27 years 8. Londe Manisha Vitthal D/o Londe Vithal Aged about 21 years 9. Rawani Ruchi Rajkumar D/o Rawani Rajkumar Aged about 20 years 10. Govind Kumar S/o Rana Ram Aged about 18 years 11. Yadav Kajal D/o Yadav Aged about 28 years 12. Gupta Roshan Dinesh S/o Gupta Dinesh Aged about 18 years 13. Kumawat Sanjay Ramniwas S/o Ramniwas Aged about 21 years 14. Pandey Mandeep Pulastaya S/o Guddidevi Aged about 19 years 15. Sanwariya Daroga S/o Kanhaiya Daroga Aged about 19 years 16. Shubham Santhosh S/o Santhosh Prasad Aged about 28 years 17. Zunjarrao Varneet Rajendra S/o Rajendra Aged about 19 years 18. Gajanand Sadashiv Halyagol S/o Sadashiv Halyagol Aged about 18 years 19. Sarvesh Narayan Shukla S/o Shukla Aged about 35 years 20. Ansari Sajida Abdul Waheed D/o Ansari Abdul Waheed Aged about 20 years 21. Gour Ayushi Shivprasad D/o Gour Shivprasad Aged about 19 years 22. Mishab Fathima D/o Zeeyaulla Khan Aged about 21 years 23. Balotiya Aarti Chhoturam D/o Balotiya Chhoturam Aged about 20 years 24. Anil Kumar Bharti S/o Surendra Prasad Aged about 23 years 25. Adarash Kumar Mishra S/o Jay Shankar Misra Aged about 19 years 26. Anand Yadav S/o Siyaram Yadav Aged about 20 years 27. Chaudhary Rakesh S/o Chodhary Khartaram Aged about 19 years 28. Gosaki Vishal Narsinh S/o Gosaki Narsinh Aged about 19 years 29. Gorav Kapildev Hanamat S/o Gorav Hanamat Aged about 25 years 30. Goswami Ajaykumar Krishnamohan S/o Krishnamohan Aged about 20 years 31. Gupta Suraj Dinesh Kumar Dinesh Gupta Aged about 19 years 32. Gupta Rahul Panchamlal S/o Gupta Panchamlal aged about 19 years 33. Gupta Rohit Rajaram S/o Gupta Rajaram Aged about 18 years 34. Jaiswar Suraj Brijlal S/o Brijlal Aged about 28 years 35. Jadhav Shreyali Ganesh D/o Ganesh Jadhav Aged about 19 years 36. Khan Abdul Haque Lukman Hakeem S/o Lukman Hakeem Aged about 18 years 37. Kanojia Anita Asharfilal D/o Asharfilal Kanojia Aged about 20 years 38. Gouda Saraswati Pampanna D/o Pampanna Aged about 29 years 39. Padnekar Nikhil Lawoo S/o Lawoo Padnekar Aged about 29 years 40. Vikas Yadhav S/o Chandrajeet Aged about 21 years 41. Shaikh Mohd Asif Iqbal Ahmad S/o Iqbal Ahmad Aged about 21 years 42. Nishad Rohit Ashok S/o Nishad Ashok Aged about 18 years 43. Mishra Tushar Brijesh S/o Brijesh Mishra Aged about 19 years 44. Tara Kumari D/o Ram Bahal Thakur Aged about 36 years 45. Sharma Manish Jayprakash S/o Jayprakash Sharma Aged about 19 years 46. Sayed Sana Bano Mohd Rafiq D/o Maod Rafiq Aged about 21 years 47. Shaikh Iram Saba Mohd Sagir D/o Sagir Shaikh Aged about 21 years 48. Indrajeet Sarva S/o Prakash Sahu Aged about 18 years 49. Surendra Kumar S/o Satyanarayan Prasad Aged about 20 years 50. Shaikh Zaidrohan Abdur Razzak S/o Shaikh Abdur Razzak Aged about 21 years 51. Manoj Kumar S/o Kumar Aged about 18 years 52. Yadav Shaileh Kumar S/o Ramashankar Aged about 20 years 53. Neeraj Kumar S/o Mahesh Chand Aged about 20 years 54. Patel Konain Fakhruddin S/o Fakhruddin Aged about 20 years 55. Sukumar T S/o Kumar Aged about 31 years 56. Leela Devi D/o Mohan Lal Aged about 21 years 57. Saboo Ram S/o Prahlad Aged about 25 years 58. Sanjay Kumar Kasera S/o Mohan Lal Kesara Aged about 19 years 59. Durgesh Gupta S/o Kailash Gupta Aged about 23 years 60. Nazrin Alihasan D/o Alihasan Khan Aged about 27 years 61. Shaikh Anwaralam Margub Alam S/o Shaikh Margub Alam Aged about 20 years Petitioners 2 to 61 are Studying 1st Year Pharm Course In the petitioners College No.67/1, Kodathi, Off Sarjapur Road, Bengaluru East Taluk, Bengaluru-560 035. ... 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-1 & 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 No.1 college and direct the respondent No.2 to permit the student for the examination scheduled to commence form second week of May 2018.
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- Pharmacy 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 considered and rejected vide Endorsement dated 01.05.2017 at Annexure-5 to the counter affidavit and therefore, the question of its consideration afresh does not arise.
3. However, learned counsel for the petitioners submit 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 the one 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 who are similarly circumstanced are also to be treated on the principle of parity,alike.
4. In the light of what is stated above, these writ petitions are also 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 involved.
All contentions of the parties are kept open.
Sd/- JUDGE PN/-