IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NOS. 5671 & 5675-77/2015 (EDN) Connected With WRIT PETITION NOS. 4959-4960/2015 (EDN) WRIT PETITION NOS. 21059-21060/2015 (EDN) IN W.P.NOS. 5671 & 5675-77/2015 (EDN) BETWEEN:
1. HILLSIDE COLLEGE OF PHARMACY & RESEARCH CENTRE, NO.9, RAGHUVANAHALLI, GUBBALALA CROSS, KANAKAPURA MAIN ROAD, BANGALORE-560062.
REPRESENTED BY ITS PRINCIPAL.
2. MR. AL-AMEEN AHMED, S/O AHMED KUKAWA, STUDENT, AGED ABOUT 20 YEARS, R/@ NO.27, 1ST CROSS, SIDDAPPA LAYOUT, GUBBALALA, KANAKAPURA MAIN ROAD, BANGALORE 560062.
3. MR. HAMZA BASHER ABDELGFOR TAHA, S/O BASHER ABDELGFOR TAHA, STUDENT, AGED ABOUT 21 YEARS, R/@ NO.23, RAGHUVANAHALLI, THALAGHATTAPURA POST, BANGALORE-560062.
4. MR. SAJJAD MOHAMMADI MAHMOUDABAD, S/O SEPAHDAR, STUDENT, AGED ABOUT 21 YARS, R/@ NO. 104, LAKSHMAIAH REDDY ROAD, KACHARAKANAHALLI, ST. THOMAS TOWN POST, BANGALORE-560084.
...PETITIONERS (BY SRI. ABHISHEK MALIPATIL, ADV., FOR SRI. B.R. SRINIVASA GOWDA, ADV.,) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041. REPRESENTED BY ITS REGISTRAR.
3. THE REGISTRAR (ADMISSION SECTION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041.
…RESPONDENTS (BY SRI. R.B. SATHYANARAYANA SINGH, AGA FOR R1 & SRI. N.K. RAMESH, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND 3 TO APPROVE AND REGULARISE THE ADMISSIONS OF THE PETITIONERS 2 TO 7 TO THE FIRST B.PHARM COURSE AND ETC., IN W.P.NOS. 4959-4960/2015 (EDN) BETWEEN:
1. HILLSIDE COLLEGE OF PHARMACY & RESEARCH CENTRE, NO.9, RAGHUVANAHALLI, GUBBALALA CROSS, KANAKAPURA MAIN ROAD, BANGALORE-560062.
REPRESENTED BY ITS PRINCIPAL.
2. SRI. MURALI R S/O. SRI. RAVI M. STUDENT, AGED ABOUT 23 YEARS R/AT NO.3/518/1, RAGHAVENDRA NAGAR, BAGALUR, HOSUR TALUK TAMIL NADU-635103 (BY SRI. ABHISHEK MALIPATIL, ADV., FOR SRI. B.R. SRINIVASA GOWDA, ADV.,) AND:
...PETITIONERS 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041. REPRESENTED BY ITS REGISTRAR.
3. THE REGISTRAR (ADMISSION SECTION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041.
…RESPONDENTS (BY SRI. R.B. SATHYANARAYANA SINGH, AGA FOR R1 & SRI. N.K. RAMESH, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO APPROVE AND REGULARIZE THE ADMISSION OF THE PETITIONER NO.2 TO THE SECOND YEAR B.PHARM COURSE AND ETC., IN W.P.NOS. 21059-21060/2015 (EDN) BETWEEN:
1. HILLSIDE COLLEGE OF PHARMACY & RESEARCH CENTRE, NO.9, RAGHUVANAHALLI, GUBBALALA CROSS, KANAKAPURA MAIN ROAD, BANGALORE-560062.
REPRESENTED BY ITS PRINCIPAL.
2. MR. MOHAMMED SAMIR AHMAD, S/O MR. SAMIR, STUDENT, AGED ABOUT 20 YEARS R/AT NO.16, RAGHUVANAHALLI GUBBALALA CROSS, KANAKAPURA MAIN ROAD, BANGALORE-62 (BY SRI. ABHISHEK MALIPATIL, ADV., ...PETITIONERS FOR SRI. B.R. SRINIVASA GOWDA, ADV.,) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041. REPRESENTED BY ITS REGISTRAR.
3. THE REGISTRAR (ADMISSION SECTION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGARA, BANGALORE-560 041.
…RESPONDENTS (BY SRI. R.B. SATHYANARAYANA SINGH, AGA FOR R1 & SRI. N.K. RAMESH, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO APPROVE AND REGULARIZE THE ADMISSION OF THE PETITIONERS 2 THE FIRST B.PHAR COURSE AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING-B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners-students are studying in B- Pharma, B-Pharma lateral entry and M-Pharma courses of Rajiv Gandhi University of Health Sciences.
2. The petitioners-students had joined the petitioner No.1-college within the stipulated period as per the University Circular. It is the contention of the petitioner-College that an attempt made to upload the admission of the petitioners’ names on the last date of admission was in vain due to technical and server problems. However, the college submitted the admission details of the petitioners-students on the last date specified in the calendar of events issued by the University in the list of the students.
3. Respondent Nos. 2 and 3 however, not approved the admission of the petitioning students and also failed to issue eligibility certification. Aggrieved by the same, the petitioners have approached this court.
4. Learned Counsel Sri. Abhishek Malipatil, appearing for the petitioners placing reliance on the judgment of this Court in W.P.No. 28556-58/2016 (DTD:11/04/2017) contends that the petitioners are the bonafide students desirous of prosecuting B-Pharma, B-Pharma lateral entry and M-Pharma Courses. However, the respondent-University is denying their eligibility for the reason that the petitioner No.1-College has not strictly adhered to the calendar of events issued by the University for the Academic Year 2014-15.
5. This Court by an interim order directed the University to permit the petitioners-students to write the Annual Examination as well as Supplementary Examination of the Courses taken by the petitioners- students subject to the result of the writ petitions. Nonetheless, the results of the examination taken by the students is not yet announced. It is however contended that in similar circumstances, this court in catena of judgments allowed the writ petitions directing the University to approve the admission of the students and to announce the results of the examination taken by such students.
6. The learned counsel Sri. N.K. Ramesh, appearing for the respondent Nos. 2 and 3 has filed the statement of objections and contested the petitions. It is contended that the petitioner-college have admitted the students without adhering to the calendar of events issued by the University. The conduct of the petitioner- college establishes that the petitioner-college has no respect for law and has involved in ruining the life of the innocent students. The university is justified in not considering the names of the petitioning-students for approval of their belated, illegal admissions and no testimonials of these students are available with the University. The reasons given by the first petitioner for not submitting the on-line statement, hard copy etc., is only to confuse and cover their lapse and some how to get the students admitted to the college. Even in the previous year i.e, academic Year 2013-14, the petitioner-college has approached this Court stating the very reason for approval of the belated admissions made by them. The first petitioner is misusing the judicial freedom to Camouflage the illegal admissions, accordingly he seeks for the rejection of the writ petitions.
7. Having considered the rival contentions, it is noticed that in similar situation, this Court directed the University to approve the admission of the students subject to the payment of penalty of Rs.5,000/- for each student by the College, in Writ Petition No.21074-21144 of 2015 (Nargund College of Pharmacy and others Vs State of Karnataka and Another). Considering the similar issue this court imposed penalty on the college payable to the respondent-University and allowed the writ petitions. It is the case of the petitioner No.1- college that due to the technical problems involved in the process of uploading the names and accessing website of the University which was the recurring problem going on for the Academic Years 2013-14 and 2014-15, the names of the petitioning students was not uploaded on time. However, due to the precaution taken by the petitioner by experience, in the Academic Year 2015-16 onwards no such delay has been committed in the process of uploading the names of the students. Considering these aspects, it is pertinent to note that the calendar of events issued by the University has to be strictly adhered to, by the petitioner No.1- College.
This can be achieved provided a trouble free online process of admissions is available and to be followed. It is not in dispute that the process of uploading the names of the students admitted to the courses would bring transparency in the admission which requires to be strictly complied with. There are other alternative modes available to the institution of which, the benefits are to be availed by submitting the names of the students either by e-mail or by hard copy. These other avenues are also not availed by petitioner No.1-college. Having regard to the facts and circumstances of the case, to safeguard the interest of the students who have been admitted to the Pharmacy Course and taken examination pursuant to the interim order passed by this Court, the writ petition deserves to be allowed subject to imposing penalty on the petitioner No.1- college at Rs.5,000/- for each student. The university shall ensure that the amounts are not recovered from the students by the College. The petitioner No.1-college shall file an affidavit undertaking to abide by the calendar of events notified by the University within two weeks before this Hon’ble Court. If there is any violation of this undertaking by the petitioner No.1 college in future, it shall be open to the University to initiate appropriate action in accordance with law.
8. Considering these aspects, the respondent Nos.2 and 3 are directed to approve the admissions and declare the results of the petitioning students, of the examination for which they have appeared subject to the payment of penalty of Rs.5,000/- for each student by the petitioner-college. It is needless to mention that the respondent Nos. 2 and 3 shall issue Marks cards/certificates subject to the petitioners-students meeting the other academic eligibility criteria.
The writ petitions stand disposed of in terms of the above.
Sd/- JUDGE Akv