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.3638-3698/2019 (EDN-RES) 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 REP BY ITS SECRETARY.
3. THE PHARMACY COUNCIL OF INDIA COMBINED COUNCILS 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 R-3 TO ACCORD APPROVAL FOR THE ACADEMIC YEAR 2017-18 AS THE INSPECTION OF THE PETITIONER COLLEGE IS COMPLETED AND DIRECT THE R-2 TO PERMIT THE PETITIONER STUDENTS 2-61 FOR THE SUPPLEMENTARY EXAMINATION SCHEDULED TO COMMENCE FROM 28.01.2019 IN WHICH THE PETITIONER STUDENTS HAVE FAILED/HAVE TO REAPPEAR AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
` ORDER The short relief which the petitioners have sought for is for a direction to respondent No.2-the Board of Examining Authority to permit them to take up the imminent examinations that are scheduled to commence from 28.01.2019 subject to outcome/consideration of first petitioner’s representation dated 14.01.2019 at Annexure-K to be considered by respondent No.3-the Pharmacy Council of India; the text of prayer column in the petition reads as under:
“i) a Writ in the nature of Mandamus directing the third respondent to accord approval for the academic year 2017-2018 as the inspection of the petitioner college is completed.
ii) Issue a Writ in the nature of Mandamus directing the respondent No.2 to permit the petitioner students 2-61 for the supplementary examination scheduled to commence from 28.01.2019 in which the petitioner students have failed.
iii) Issue any other writ or order deemed fit in the facts and circumstances of the case in the interest of justice and equity.”
Since the learned counsel for the petitioners has made a very innocuous prayer, regardless of the reliefs sought for as above, these matters are taken up for final disposal with the consent of the counsel appearing for the parties.
2. The learned Additional Government Advocate Smt.Pramodhini Kishan appears for respondent Nos.1 and 2 and the learned Senior Panel Counsel Sri.S.S.Haveri on request appears for the respondent No.3- the Pharmacy Council of India.
3. In several similar matters, this Court has directed the respondent No.3-The Pharmacy Council of India to take a decision on the representations of the Colleges concerned, and pending such decision the students of the said Colleges have been permitted, if they are otherwise eligible, to appear for the ensuing examination again subject to the result of consideration of the representations. On that basis, the learned counsel for the petitioners, pressing into service the principle of parity, seeks grant of similar relief.
4. The assertion of the petitioners side prima facie being true, the petitioners need to be granted the similar relief subject to all just exceptions which shall be ascertained by the answering respondents.
In the above circumstances, these writ petitions succeed in part; the benefit of the judgment dated 18.01.2019 made by this Court in cognate W.P.No.20390/2018 shall be similarly extended to these petitioners subject to the same terms and conditions if they are otherwise eligible.
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 forthwith.
Sd/- JUDGE KPS