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.3760-3820 OF 2019 (EDN-RES) BETWEEN:
1. Siddaganga College of Pharmacy No.33, Service Road, Near Laggere Bridge, Narasimha Swamy Layout, Bengaluru-560058, Represented by its Principal, Mr.Satyendra Maurya.
2. Ajay Sharma S/o. Rajkisor, Aged about: 19 years.
3. Ajay Shyam Yadav S/o. Jaynandan Yadav, Aged about: 19 years.
4. Durgesh Kumar S/o. Suryanarayan, Aged about: 23 years.
5. Ashisha Kumar S/o. Ramesh Chand, Aged about: 24 years.
6. Ashok Yadav S/o Ramdev Yadav, Aged about: 18 years.
7. Atish Singh S/o. Raj Kumar Singh, Aged about: 18 years.
8. Basayya S/o. Sadashivayya Angadi, Aged about: 36 years.
9. Chandrashekhar Ashok S/o. Ashok Hiremat, Aged about: 30 years.
10. Bind Ratan Kumar, S/o. Brij Lal, Aged about: 18 years.
11. Deepak Yadav S/o. Tilak Dhari Yadav, Aged about: 20 years.
12. Dileep Kumar S/o. Munna Lal, Aged about: 18 years.
13. Gupta Sonu Anil S/o. Anil, Aged about: 19 years.
14. Gupta Sunny Anil S/o. Anil Aged about: 19 years.
15. Guru Charan Sahoo S/o. Gopal Chandra Sahoo, Aged about: 33 years.
16. Kasture Satish, S/o. Jagannath, Aged about: 24 years.
17. Khan Mohsin Ayyub S/o. Ayyub, Aged about: 22 years.
18. KM Arti Devi D/o. Ujagar Singh, Aged about: 18 years.
19. KM Jyoti Patel D/o. Rajesh Patel, Aged about: 18 years.
20. KM Kalpana Singh D/o Ram Chandra Singh, Aged about: 25 years.
21. KM Nandini Srivastava D/o. Sanjeev Kumar Srivasatava, Aged about: 20 years.
22. KM Nidhi Verma D/o. Vinod Kumar Verma, Aged about: 26 years.
23. KM Rachana Singh D/o. Omkar Singh, Aged about: 21 years.
24. Ramesh Kumar S/o. Dileep Kumar, Aged about: 22 years.
25. Asalam S/o. Nizamuddin, Aged about: 25 years.
26. Laliteshwar Kumar S/o. Shambhu Prasad Yadav, Aged about: 22 years.
27. Mishra Rohit Kumar S/o. Harish Chandra, Aged about: 25 years.
28. Mukesh Kumar Yadav S/o. Rajbahadur Yadav, Aged about: 21 years.
29. Mishra Jitesh Raghawram S/o. Raghawram, Aged about: 21 years.
30. Mamta.B.J D/o. Jayaramu.B.M, Aged about: 35 years.
31. Omprakash Yadav, S/o. Rajbali Yadav, Aged about: 24 years.
32. Neha Maurya D/o. Virendra Kumar Maurya, Aged about: 21 years.
33. Paswan Gautam Anand S/o. Anand, Aged about: 19 years.
34. Prajapati Shivam Suresh S/o. Suresh, Aged about: 19 years.
35. Prashant M.Barki S/o. Mallesappa, Aged about: 26 years.
36. Puneet Kumar Mishra S/o. Brijesh Kumar Mishra, Aged about: 18 years.
37. Sinde Keshav Dilip S/o. Dilip, Aged about: 19 years.
38. Rahiman S/o. Vazeerjan, Aged about: 26 years.
39. Rakesh Kumar Sirvi S/o. Kanaram, Aged about: 19 years.
40. Ramakant S/o. Mahesh Kumar, Aged about: 19 years.
41. Raveesha S/o. Siddalingaiah, Aged about: 38 years.
42. Ravi Prakash Yadav S/o. Ramsukh Yadav, Aged about: 18 years.
43. Rawal Bharat S/o. Kanmal, Aged about: 18 years.
44. Renuka.M.B D/o. Mallikarjuna Swamy.M, Aged about: 36 years.
45. Rezaul Karim S/o. Azizurrahman, Aged about: 18 years.
46. Sanjeet Kumar Bind S/o. Ramchandra Bind, Aged about: 20 years.
47. Shabbir Ahmed S/o. Gulam Dastagir, Aged about: 30 years.
48. Shankar Matapathi S/o. Eshappa.B, Aged about: 29 years.
49. Shiv Sagar S/o. Deshraj, Aged about: 18 years.
50. Sikandar Basha.B S/o. Jahangeer Basha.B, Aged about: 35 years.
51. Suraj Patel S/o. Deenanath Patel, Aged about: 19 years.
52. Suraj Singh S/o. Omkar Singh, Aged about: 25 years.
53. Sushma.C D/o. Chikkachamaiah, Aged about: 35 years.
54. Usha.M D/o. Mohan.K.C, Aged about: 29 years.
55. Yadav Susum Devi Rudal D/o. Rudal, Aged about: 29 years.
56. Vikas Sharma S/o. Sunil Kumar Sharma, Aged about: 18 years.
57. Vinay Yadav S/o. Kamata Prasad, Aged about: 20 years.
58. Upendra Singh S/o. Ram Ratan Singh, Aged about: 18 years.
59. Yadav Abhishek Shrikesh S/o. Shrikesh, Aged about: 22 years.
60. Yadav Satyajit S/o. Ramjit, Aged about: 19 years.
61. Yadav Shailesh S/o. Arun Kumar, Aged about: 19 years.
Petitioners 2-61 are the students Of I year D.Pharma Course in Siddaganga College of Pharmacy, No.33, Service Road, Near Laggere Bridge, Narasimha Swamy Layout, Bengaluru-560058. ... Petitioners (By Sri. Shivarudra, Advocate) AND 1. The Government of Karnataka Health and Family Welfare Department, Vikas Soudha, Vidhana Vidhi, Bengaluru-01.
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 R-1 & 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 respondent No.3 to accord approval for the Academic Year 2017-18 as the inspection of the petitioner college is completed 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