IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.20847-20907 OF 2018 (EDN-RES) BETWEEN:
1. NSS College of Pharmacy No.18-318/319, Kuduregere Colony, Dasanapura Hobli, Alur Post, Bengaluru-562 162 Represented by its Principal Miss.Manasa K S.
2. Abdul Qadir S/o Abdur Rahim Aged about 27 years 3. Ajeet Kumar Singh S/o Rajmani Singh Aged about 19 years 4. Aman Verma S/o Sant Lal Veram Aged about 24 years 5. Dubey Jaypdeep Vinod S/o Vinod Aged about 24 years 6. Ashish Kumar Patel S/o Pancham Patel Aged about 27 years, 7. Ashok Kumar S/o Bheemayya Aged about 24 years, 8. Bhavya H S D/o Siddappa Aged about 28 years 9. Brijesh Kumar Yadav S/o Ram Ketar Yadav Aged about 30 years 10. DevendraKumar Upadhyay S/o Ramsingar Upadhyay Aged about 35 years, 11. Gupta Kajal Anil D/o Anil Aged about 19 years 12. Kahan Shaheen Jamil Ahamed D/o Jamil Ahamed Aged about 21 years 13. Gharat Dinesh Mani Ram S/o Mani Ram Aged about 23 years 14. Gupta Ujwalphoolbadan S/o Phoolbadan Aged about 21 years 15. Imran Khan S/o Md Deen Aged about 30 years 16. Irashad Khan S/o Nabav Khan Aged about 23 years 17. Mandawalae Amol Laxman S/o Laxman Aged about 38 years 18. Khalilur Rahman S/o Salahuddin Aged about 20 years 19. Khan Alwasab Asif S/o Asif Aged about 22 years 20. Khan Amir Mohammed Amin S/o Mohammed Amin Aged about 21 years 21. Khan Anees Ahmed Bismillah S/o Bismillah Aged about 23 years 22. KM Divya Yadav D/o Rajendra Yadav Aged about 18 years 23. Krishna Bihari Maurya S/o Rati Bhan Aged about 24 years 24. Mahendra Kumar S/o Kriparam Yadav Aged about 33 years 25. Maurya Nitesh Radheshyam S/o Radheshyam Aged about 20 years.
26. Md Junaid S/o Md shabbir Aged about 32 years 27. Md Safdar Ali S/o Abdul Mannan Aged about 25 years 28. Mohammed Azim S/o Mohammed Alim Aged about 20 years 29. Mhatre Sagar Shekhar S/o Shekhar Aged about 28 years 30. Mohammned Faiz S/o Mohammed Ali Aged about 28 years 31. Mohammd Zakir Hussain HC S/o Chandpasha Aged about 37 years 32. Mohammed Anas Shafikurrahman S/o Shafikurrahman Aged about 18 years 33. Mohd Junaid S/o Riyasat Ali Aged about 18 years 34. Omprakash Yadav S/o Hira Lal Yadav Aged about 25 years.
35. Pal Jitendra Shiv Prasad S/o Shivprasad Aged about 25 years 36. Patil Navanath Tulshidas S/o Tulshidas Aged about 38 years 37. Rahul Kumar Giri S/o Santoshkumargiri Aged about 27 years 38. Rahulkumar Prajapati S/o Lalji Prajapati Aged about 21 years, 39. Rajat Kumar S/o Chander Pal Singh Aged about 30 years 40. Yadav Manisha Sahab Lal D/o Sahablal Aged about 23 years 41. Ramji Verma S/o Nardev Yadav Aged about 32 years 42. Ramji Verma S/o Subhash Verma Aged about 40 years 43. Rukmini S D/o Shankar A Aged about 35 years 44. Gupta Sushant Shivkumar S/o Shivkumar Aged about 25 years 45. Sandeep Kumar Verma S/o Sundar Lal Verma Aged about 23 years 46. Sandeep Kumar Yadav S/o Amarnathayadav Aged about 27 years.
47. Sandeep Mishra S/o Shankar Mishra Aged about 20 years 48. Sarvesh Patel S/o Jawahar Patel Aged about 19 years 49. Shaikh Hajra Hasrat Ali D/o Hasrat Ali Aged about 23 years 50. Shaikh Mohammed Rauf S/o Mohammed Idris Aged about 23 years 51. Shaikh Mohammed Arif Md siddique S/o Md Siddique Aged about 20 years 52. Shaik Mohammed Atif S/o Shaikh Mohammed Zakariya Aged about 20 years 53. Shiv Om Mishra S/o Dinesh Mishra Aged about 25 years 54. Chandra Bhushan S/o Ram Kailash Mishra Aged about 24 years 55. Singh Ritesh Harendra S/o Harendra Aged about 18 years 56. Yadav Santoshkumar Ramdhani S/o Ramdhani Aged about 29 years 57. Suresh Giri S/o Ramanand giri Aged about 35 years 58. Vimal Pathak S/o Ramkishan Pathak Aged about 30 years 59. Yadav Dinesh Kumar Rajnarayan S/o Raj Narayan Aged about 33 years 60. Krishna Deepak Yadav S/o Hari Lal Yadav Aged about 23 years 61. Sachin Verma S/o R C Verma Aged about 36 years Petitioners 2 to 61 are the students Of 1 year D.Pharma Course in NSS College of Pharmacy, No.18-318/319, Kuduregere Colony, Dasanapura Hobli, Alur Post, Bengaluru-562 162. ... 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.Pramodini Kishan, AGA for R1and 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 for the academic year 2017-2018 as the inspection of the petitioner college is completed and to permit the respondent No.2 to permit the petitioner student 2 to 60 for the examination scheduled to commence during the first week of May, 2018.
These writ petitions coming on for Orders this day, the Court made the following:
ORDER The grievance of the petitioner No.1-College and its students is against non-consideration of representation for grant of approval by respondent No.3/Pharmacy Council of India.
2. After service of notice, the respondents have entered appearance through their counsel. Respondent No.3- Pharmacy Council of India, having been represented by its Senior Panel Counsel Sri S.S. Haveri, has filed counter affidavit resisting the prayer made in the writ petitions.
3. Sri S.S. Haveri, learned Panel Counsel submits that the Pharmacy Council of India has accorded approval to the petitioner No.1-Institution for the academic year 2018-19; but, for the previous academic year 2017-18, approval has not been granted, since the petitioner institution did not merit grant of such approval.
4. Learned counsel for the petitioners at this stage points out that the inspection was conducted by a team of Pharmacy Council of India for the academic year 2017-18 although the approval has not been granted for this academic year and therefore, Council has to re-consider the request of the petitioner.
5. Sri S.S. Haveri, learned Panel Counsel has expressed difficulties to this proposal keeping in view the decision of the Apex Court in the case of Dental Council of India Vs. Dr. Hedgewar Smruti Rugna Seva Mandal, Hingoli and Ors., reported in 2017 (13) SCC 115 wherein, the Apex Court has made some observations as to admission of the students sans approval by the jurisdictional authorities.
6. However, Sri S.S. Haveri, learned Panel Counsel submits that even then there would be no difficulty for re- consideration of petitioners’ representation but keeping in view the law declared by the Apex Court in similar matters and in accordance with law, if an appropriate representation is made by the petitioner No.1-College, furnishing all necessary information and the records that would prima facie show that the defects pointed out by the Council were non- existent or that the same were duly complied with in time.
7. In view of the above, these writ petitions are disposed off, reserving liberty to the petitioner No.1-College to make an appropriate representation forthwith to respondent No.3-Pharmacy Council of India for consideration, for the grant of approval for the academic year 2017-18 along with the material particulars of similarly placed institutions to whom approval has been granted ex-post facto and with retrospective effect.
It is needless to state that, if such representation is made by the petitioner-institution forthwith, , the same shall be considered by respondent No.3-Pharmacy Council of India as expeditiously as possible and the result thereof shall be informed to the petitioner No.1-College, keeping in view the fate of several students hanging in air.
Sd/- JUDGE PN/-