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.20202-20262 OF 2018 (EDN EX) BETWEEN:
1. SAROJINI COLLEGE OF PHARMACY NO.20, THIRUMENAHALLI, HEGDE NAGAR MAIN ROAD, YALAHANKA HOBLI, JAKKUR POST, BENGALURU-560064 REPRESENTED BY ITS PRINCIPAL MR.ANKITH PRATAP SINGH 2. ADITYA RAJ S/O BISHESHWAR PRASAD SAH AGED ABOUT: 22 YEARS.
3. SYED MAHTAB ALAM S/O SYED MD LSRAIL AGED ABOUT: 46 YEARS.
4. TULASI RAM S/O RAM MANORATH AGED ABOUT: 40 YEARS.
5. VIPLAV BAJPAID S/O RAMESH CHANDA AGED ABOUT 24 YEARS.
6. KAMAL AHMAD S/O AMIR ALI AGED ABOUT 23 YEARS.
7. HARINDAR PRASAD S/O SOBRAN PRASAD AGED ABOUT 28 YEARS.
8. KUMAR TUSHAR RAJ S/O RAJKUMAR YADAV AGED ABOUT 23 YEARS.
9. NEERAJ KUMAR SHUKLA S/O RAM BAHORI SHUKLA AGED ABOUT 26 YEARS.
10. RAHIMMUDDIN AHMED S/O AZIMUDDIN AHMED AGED ABOUT 19 YEARS.
11. VINAY KUMAR S/O VAN MALI AGED ABOUT 20 YEARS.
12. VEENA KUMARI D/O SREE RAJENDRA LAL AGED ABOUT 40 YEARS.
13. AJIT KUMAR MALL S/O UDAY BHAN MALL AGED ABOUT 31 YEARS.
14. MAHITAB ALI S/O HAFI JULLA AGED ABOUT 20 YEARS.
15. MOHD ASHEAQ ANSARI S/O SERAJUL HAQUE AGED ABOUT 34 YEARS.
16. JEETENDRA KUMAR S/O GAYAN CHANDRA AGED ABOUT 40 YEARS.
17. NAVNIT KUMAR AGARWAL S/O RAMNATH AGARWAL AGED ABOUT 37 YEARS.
18. AAFTAB AALAM S/O LAKMUDIN AHMAD AGED ABOUT 26 YEARS.
19. KAMRAN AKHTAR S/O MUNIB ANSARI AGED ABOUT 29 YEARS.
20. DURGESH KUMAR S/O SHARDA PRASAD KUSHWAHA AGED ABOUT 26 YEARS.
21. VEERENDRA KUMAR BAJPAI S/O BABURAM BAJPAI AGED ABOUT 34 YEARS.
22. VIRENDRA KUMAR S/O DEVI PRASAD AGED ABOUT 18 YEARS.
23. HARISH CHANDRA PRAJAPATI S/O BASAI PRASAD AGED ABOUT 29 YEARS.
24. GAUD CHANDAN JAMUNA PRASAD S/O JAMUNA PRASAD GAUD AGED ABOUT 24 YEARS.
25. MANOJ KUMAR GUPTA S/O SABHAPATI PRASAD GUPTA AGED ABOUT 34 YEARS.
26. NEELKANT DEWARI S/O ANAND MOHAN DEWARI AGED ABOUT 47 YEARS.
27. VIJAY SHARAN SHUKLA S/O SADHU CHARAN SHUKLA AGED ABOUT 28 YEARS.
28. GYANI PRASAD S/O BACHCHULAL AGED ABOUT 37 YEARS.
29. SHIVAM KHETAN S/O LAKSHMI NARAYAN AGED ABOUT 29 YEARS.
30. MAINUDDEEN S/O USMAN ALI AGED ABOUT 29 YEARS.
31. ROHIT JAISWAL S/O MUNESHWAR PRASAD AGED ABOUT 30 YEARS.
32. RAM ACHAL VARMA S/O DRULAL AGED ABOUT 24 YEARS.
33. SHIVAM TIWARI S/O ANIL PRAKASH AGED ABOUT 32 YEARS.
34. SAVITHA NANDAN TRIVEDI D/O RAM SHANKAR TRIVEDI AGED ABOUT 32 YEARS.
35. SANJAY GUPTA S/O BABU RAM GUPTA AGED ABOUT 18 YEARS.
36. KASIF NISAR S/O NISAR AHMAD AGED ABOUT 35 YEARS.
37. GOURAV KUMAR S/O MUNESHWAR AGED ABOUT 21 YEARS.
38. AKASH KUMAR S/O KISHORI LAL PRASAD AGED ABOUT 24 YEARS.
39. KRISHNA GUPTHA S/O RAMKHE LAVAN GUPTHA AGED ABOUT 18 YEARS.
40. MOHD SHADID S/O MOHD AFZAL AGED ABOUT 23 YEARS.
41. SHAH NAVAG IMPIYAZ S/O JATMAL ALI AGED ABOUT 33 YEARS.
42. GURUCHARAN MAURYA S/O MANANGU MAURYA AGED ABOUT 29 YEARS.
43. SHAIKH ABDUL RAFE S/O ABDUL RAUF AGED ABOUT 20 YEARS.
44. RAJ KUMAR S/O GHEWAR CHAND AGED ABOUT 28 YEARS.
45. RAVIKANT SINGH S/O BIRENDRA KUMAR SINGH AGED ABOUT 35 YEARS.
46. CHAUDHARY OSAMA AHMED S/O AHMED ALI AGED ABOUT 19 YEARS.
47. MD FARAJ ALAM S/O MD ALAM SHAAH AGED ABOUT 21 YEARS.
48. SAGAR ROY S/O SUKUMAR ROY AGED ABOUT 24 YEARS.
49. VIPIN SONI S/O GAYA PRASAD SONI AGED ABOUT 18 YEARS.
50. JAIN VICKY LALIT S/O LALIT AGED ABOUT 18 YEARS.
51. SHAH IRFAN ALI S/O SABIR ALI AGED ABOUT 18 YEARS.
52. MOHAN MISRA S/O ARUN MISRA AGED ABOUT 22 YEARS.
53. QURESHI MOHD HASIM S/O MOHD YUNUS AGED ABOUT 23 YEARS.
54. ADITYA SONI S/O DINESH SONI AGED ABOUT 18 YEARS.
55. JAHANGEER ALAM S/O MUJAFFAR HUSAIN AGED ABOUT 27 YEARS.
56. SOMNATH S/O LAXMI LAL AGED ABOUT 33 YEARS.
57. MOHIDUL ISLAM S/O TOHURUDDIN AGED ABOUT 19 YEARS.
58. SHAIKH MISBAUDDIN S/O RIYAZ UDDIN SHAIKH AGED ABOUT 20 YEARS.
59. MD SEKANDER ALI S/O NASER ALI AGED ABOUT 32 YEARS.
60. RABIUL ISLAM S/O MUHAMMAD ISLAM AGED ABOUT 26 YEARS.
61. KUSHWAHA SUNIL S/O JAGANATH PRASAD KUSHWAHA AGED ABOUT 40 YEARS.
PETITIONERS 2-61 ARE THE STUDENTS OF I YEAR D.PHARMA COURSE IN, SAROJINI COLLEGE OF PHARMACY, NO.20, THIRUMENAHALLI, HEGDE NAGAR MAIN ROAD, YALAHANKA HOBLI, JAKKUR POST, BENGALURU-560064. ... 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 3. THE PHARMACY COUNCIL OF INDIA COMBINED COUNCILS BUILDING, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110002 REP BY ITS SECRETARY. ... RESPONDENTS (BY SMT.PRAMODINI KISSAN, 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 R-3 TO ACCORD PERMISSION FOR THE ACADEMIC YEAR 2017-18 AS THE INSPECTION OF THE PETITIONER COLLEGE IS COMPLETED AND DIRECT THE R-2 TO PERMIT THE PETITIONER STUDENT 2-61 FOR THE EXAMINATION SCHEDULED TO COMMENCE DURING THE FIRST WEEK OF MAY 2018.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners submit that on the basis of the order made by respondent No.3-Pharmacy Council of India on 22.12.2018, approval has been granted to the petitioner – institution for the Academic Year 2018-19 and therefore, the writ petitions have become infructuous to the extent only.
2. In so far as the other grievance is concerned, he further submits that the subject matter of these writ petitions is similar to the one in the cognate writ petition No.20664/2018 which has been disposed off vide judgment dated 03.01.2019 and therefore, a similar relief needs to be granted to the petitioners herein as well.
3. It is true that in the aforesaid cognate writ petition No.20664/2018, this Court has permitted the petitioner - institution to make comprehensive representation to the respondent No.3- Pharmacy Council of India forthwith, so that same would be considered in accordance with law. Such innocuous relief cannot be denied to the petitioners herein also.
In view of the above, these writ petitions are disposed off reserving liberty to the liberty is reserved to the petitioners to make a comprehensive representation forthwith along with supportive documents; if, such representation is made, the respondent No.3-Pharmacy Council of India shall consider the same in accordance with law expeditiously, and further inform the petitioner No.1-Institution of the result of such consideration, forthwith.
It is open to the respondent No.3-Pharmacy Council of India to seek or solicit any information from the side of the petitioners which would facilitate due consideration of their representation herein above.
Sd/- JUDGE