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.4029-4089/2019 (EDN-EX) BETWEEN 1. SRI RAGHAVENDRA COLLEGE OF PHARMACY NO.57, HESARAGATTA MAIN ROAD, CHIMNI HILLS, CHIKKABANAVARA POST, BENGALURU-560 090.
REP BY ITS PRINCIPAL MR.SHANKAR.D.R.
2. TAUFEEQUE AHMED S/O AMARULLAH, AGED ABOUT 18 YEARS.
3. PINJARI DANISH S/O SHAIK HAMID SHAIK RASHID, AGED ABOUT 18 YEARS.
4. YADAV SUSHIL KUMAR S/O JIYA LAL KUMAR, AGED ABOUT 18 YEARS.
5. AHIRE TEJAS GIRISH S/O GIRISH, AGED ABOUT 18 YEARS.
6. AMEET HASAN NANPARIYA S/O HASAN NANPARIYA, AGED ABOUT 21 YEARS.
7. GUPTA SUNIL KUMAR S/O SOHAN LAL GUPTA AGED ABOUT 22 YEARS.
8. KASHARE SHUBHAM SANTOSH S/O SANTOSH KASGARE, AGED ABOUT 18 YEARS.
9. SOLANKI ARUN KERARAM S/O KERARAM SOLANKI, AGED ABOUT 18 YEARS.
10. HASHMI MD AYUD S/O VAJIVUDEEN HASHMI, AGED ABOUT 18 YEARS.
11. CHOUDHARY MANISHA D/O CHOUDHARY TARARAM AGED ABOUT 18 YEARS.
12. MANOJ KUMAR GUPTA S/O GULAB CHAND GUPTA, AGED ABOUT 36 YEARS.
13. YADAV OMKAR JAYPRAKASH S/O YADAV JAYPRAKASH, AGED ABOUT 19 YEARS.
14. YADAV MANISHKUMAR S/O YADAV MAHENDRAPRASAD, AGED ABOUT 20 YEARS.
15. K.M.PRIYANKA CHAUHAN D/O PUNVASI CHAUHAN AGED ABOUT 26 YEARS.
16. CHOUDHARY DINESH MANGILAL S/O MANGILAL AMRAMJI CHOUDARY AGED ABOUT 18 YEARS.
17. DEVESH YADAV S/O SHASHIDHAR YADAV, AGED ABOUT 22 YEARS.
18. ACHARYA BANI APPU S/O ACHARYA APPU AGED ABOUT 34 YEARS.
19. QURESHI MOHAMMAD KHURSHED ALLAUDIN S/O ALLAUDIN, AGED ABOUT 19 YEARS.
20. DHEEVAR UMESH BADELAL S/O BADELEL DHEEVAR, AGED ABOUT 18 YEARS.
21. PATHAK POOJA GAJENDRA S/O GAJENDRA PATHAK AGED ABOUT 18 YEARS.
22. SINGH AMIT ANIL KUMAR S/O ANIL KUMAR SINGH, AGED ABOUT 18 YEARS.
23. YADAV RAHUL ROOPNARAYAN S/O ROOPNARAYAN YADAV, AGED ABOUT 18 YEARS.
24. YADAV VIDYA SADANAND D/O SADANAND YADAV, AGED ABOUT 18 YEARS.
25. YADAV JYOTI RAMSAHAY D/O RAMSAHAY YADAV, AGED ABOUT 18 YEARS.
26. ANSARI HEENA MEHSHAR MOHAMMAD IRFAN D/O MOHD IRFAN ANSARI, AGED ABOUT 23 YEARS.
27. YADAV PRADEEP S/O RAMACHANDRA YADAV, AGED ABOUT 18 YEARS.
28. YADAV SUSHILKUMAR RAMNATH S/O RAMNATH YADAV, AGED ABOUT 21 YEARS.
29. DEEPAK KUMAR YADAV, S/O KESHANATH YADAV, AGED ABOUT 18 YEARS.
30. YADAV SAGAR DHIRENDRA S/O DHIRENDRA YADAV, AGED ABOUT 18 YEARS.
31. AJEETH KUMAR SINGH S/O BHOOPENDRA SINGH AGED ABOUT 24 YEARS.
32. ABHISHESH KUMAR GAURAV S/O PASA NATH MOURYA, AGED ABOUT 34 YEARS.
33. PRADEEP KUMAR S/O MITHAI LAL AGED ABOUT 33 YEARS.
34. MOHD MINHAJUDDIN ZAHEERUDDIN S/O MOHD ZAHEERUDDIN, AGED ABOUT 30 YEARS.
35. KM SUNITHA SHARMA D/O RAMBALAI SHARMA, AGED ABOUT 26 YEARS.
36. YADAV PRAFUL S/O RAM BAHADUR YADAV, AGED ABOUT 19 YEARS.
37. RATNESH S/O SUMIRAN YADAV, AGED ABOUT 18 YEARS.
38. SHANI SRINATH DUBEY S/O SRINATH DUBEY, AGED ABOUT 18 YEARS.
39. SATYAM YADAV, S/O AKILESH YADAV, AGED ABOUT 18 YEARS.
40. VIKAS KUMAR YADAV S/O RAJBALI YADAV, AGED ABOUT 21 YEARS.
41. ANOOP KUMAR S/O PYARELAL, AGED ABOUT 18 YEARS.
42. RAVISH YADAV S/O RAJENDRA PRASAD, AGED ABOUT 18 YEARS.
43. ASHUTOSH PANDEY S/O RAM DATTA PANDEY, AGED ABOUT 19 YEARS.
44. AMINUL ISLAM S/O JOYNAN ALI, AGED ABOUT 18 YEARS.
45. MD SAFRUL ALAM S/O SAHABUDDIN, AGED ABOUT 20 YEARS.
46. SINGH NEELAM D/O SATYAPAL SINGH, AGED ABOUT 24 YEARS.
47. MUKESH KUMAR YADAV S/O SUVASH YADAV, AGED ABOUT 24 YEARS.
48. RITU YADAV D/O SUBHASH, AGED ABOUT 23 YEARS.
49. ABHIVADANA YADAV S/O RAMJITH YADAV, AGED ABOUT 18 YEARS.
50. DEEPCHANDRA S/O BHULLAR YADAV, AGED ABOUT 20 YEARS.
51. AJAY KUMAR MISHRA S/O CHAN RAMA PRASAD MISHRA, AGED ABOUT 18 YEARS.
52. YADAV KRISHNA KUMAR S/O HARIRAM, AGED ABOUT 19 YEARS.
53. KM LAXMI VARMA D/O VIJENDRA BAHADUR VARMA, AGED ABOUT 30 YEARS.
54. BADAN LAL CHAUHAN S/O SRIRAM BAROSHA, AGED ABOUT 44 YEARS.
55. SHIVAJI S/O RAMNATH, AGED ABOUT 47 YEARS.
56. SURENDRA KUMAR GUPTA S/O VINDYANCHAL PRASAD AGED ABOUT 45 YEARS.
57. MITHILESH KUMAR YADAV S/O VEER BAHADUR YADAV, AGED ABOUT 39 YEARS.
58. NAIK PRADEEP GOPAL S/O GOPAL, AGED ABOUT 37 YEARS.
59. MOHD REYAZ AHMAD S/O NEHAL AHMAD, AGED ABOUT 23 YEARS.
60. SHUBHAM YADAV S/O OMPRAKASH, AGED ABOUT 18 YEARS.
61. RASHID S/O FIDA HUSAIN, AGED ABOUT 19 YEARS.
PETITIONERS NO.2-61 ARE THE STUDENTS OF 1 YEAR D.PHARMA COURSE IN SRI RAGHAVENDRA COLLEGE OF PHARMACY, NO.57, HESARAGATTA MAIN ROAD, CHIMNI HILLS, CHIKKABANAVARA POST, BENGALURU – 560 090. ... 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. ... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2 SRI S.S. HAVERI, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO ACCORD PERMISSION AFTER INSPECTION OF THE FIRST PETITIONER COLLEGE AS THE PROPOSAL WAS SENT WELL WITHIN TIME AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The subject matter of these writ petitions is substantially similar to the one in W.P.No.20390/2018 disposed off by this Court vide judgment dated 18.01.2019 wherein the operative portion reads as under:-
“In the above circumstances, these writ petitions succeed in part; a Writ of Certiorari issues quashing the impugned endorsement dated 13.03.2018 issued by the 3rd respondent- Pharmacy Council of India at Annexure-M; the matter is remitted to the 3rd respondent – Pharmacy Council of India for consideration afresh after affording an opportunity of hearing to the petitioner-institution within a period of four weeks in accordance with law.
The petitioners shall submit the Standard Inspection Form, accompanied by the Bank Draft for payment of prescribed fees and also any other documents to the 3rd respondent-Pharmacy Council of India within one week so that the exercise above mandated would be undertaken. It is open to the Pharmacy Council of India to have an inspection of the institution in question and also to solicit any information or the documents from the petitioners side as are required for due consideration of the matter afresh.
Since the examinations are scheduled to be held from 24.01.2019, the 2nd respondent-Board of Examination Authority shall announce the results of the examinations of the students who had appeared therein, on the strength of the interim orders granted by this Court, and further those students who are otherwise eligible shall be permitted to write the ensuing supplementary examination for the next level.
It is made clear that the examination result shall be dependent upon the outcome of the reconsideration of the matter by the 3rd respondent- Pharmacy Council of India as directed above.
A copy of operative portion of this order be made available to learned counsel for the petitioners, learned Addl. Government Advocate and learned Senior Panel Counsel for the 3rd respondent- Pharmacy Council of India.”
2. Learned counsel for the petitioners pressing into service the principle of parity submits that these petitioners being similarly circumstanced as that of the petitioners in the above cognate writ petition, need to be granted a similar relief.
3. Learned Additional Government Advocate Smt.Pramodhini Kishan appearing for respondent Nos.1 State and 2-the Board of Examining Authority and the learned Senior Panel Counsel Sri.S.S.Haveri on request appearing for the respondent No.3-The Pharmacy Council of India, do not much dispute the assertion of the petitioners, subject to the caveat that however, the similarity pleaded by the petitioners needs to be looked into by the concerned authorities and therefore, that liberty to be reserved to them.
4. In the above circumstances, these writ petitions are also disposed off in terms of the judgment dated 18.01.2019 rendered by this Court in the cognate W.P.No.20390/2018 extending the similar benefits to the petitioners herein too. However, liberty is reserved to the respondent No.2 to ascertain the factuals and if there is any difficulty, a decision shall be taken after hearing the petitioners.
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