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.3831-3891 OF 2019 (EDN-EX) BETWEEN 1. Sukrutha College of Pharmacy, # 33, Byrathi Extn., Hennur Bagalur Main Road, Kothanur Post, Bengaluru - 560 077 Represented by its Principal, Mr. H. Suresh Bhat, S/o. Krishna H. Bhat, Aged about 41 years, 2. Raj Kumar Saroj, S/o. Rajendra Prasad Saroj, Aged about 20 years, 3. Magdumgajanansudam, S/o. Magdumsudamgurupad, Aged about 33 years, 4. Irkarchingappaappa, S/o. Appairkar, Aged about 38 years, 5. Bharatinarendra Kumar Prabhunath, S/o. Prabhunath, Aged about 32 years, 6. Chundavat Bharat Kalyan, S/o. Kalyan Singh, Aged about 28 years, 7. Siddiqui Mohammed Hussain Mohiuddin, S/o. Siddiqui Mohammed, Aged about 19 years, 8. Asishrai, S/o. Gopal Prasad, Aged about 18 years, 9. Sudharshini C.V., D/o. Chika Venkatarayappa, Aged about 33 years, 10. Murgeppamandigeri, S/o. Bhimappa, Aged about 38 years, 11. Harendrakumarkushwaha, S/o. Kushwaha, Aged about 35 years, 12. Jaid Ansari, S/o. Abdul Hameed, Aged about 19 years, 13. Bhoirbhavesh Vilas, S/o. Dilipshantaram, Aged about 24 years, 14. Vishwarkarmarajendraishwardeen, S/o. Ishwardeenvishwakarma, Aged about 28 years, 15. Mashkoor Ahmad, S/o. Mohammed Shafiq, Aged about 43 years, 16. Kulkarni Omkarmilind, S/o. Milind, Aged about 21 years, 17. Ramesh Babu C., S/o. Chandrappa D.M., Aged about 35 years, 18. Pal Nileshjiledar, S/o. Jiledar, Aged about 25 years, 19. Tiwariashishharikishan, S/o. Harikishantiwari, Aged about 25 years, 20. Kalbivimlaprabhuram, S/o. Ramashankar, Aged about 20 years, 21. Ajay Kumar Ramashankar S/o Ramashankar, Aged about 18 years, 22. Mohdshahzadnoorullah S/o Mohdnoorullah Aged about 28 years, 23. Deshmukh Priyanka Kashinath D/o Kashinath Aged about 22 years, 24. Mohammed Riyanrazamohdrafique S/o Mohammed Rafique Aged about 19 years, 25. Siddiqui Guffranahsanali S/o Ahsan Ali Aged about 19 years, 26. Asutosh Srivastava S/o Mitrabrun Lal Srivastava Aged about 24 years, 27. Niranjanpujari S/o Gurubasappa Aged about 21 years, 28. Zakiya Chand Patel D/o Chand Patel Aged about 25 years, 29. K.M. Vandan D/o Phool Chandra Aged about 20 years, 30. Guravpandurangmaruti S/o Maruthigurav Aged about 32 years, 31. Pavan Kumar S S/o Suresh S Aged about 37 years, 32. Chauhanraunakbirbal S/o Birbal Aged about 20 years, 33. Sanketh S S/o Shantilal D Aged about 20 years, 34. Dharani Kumar A S/o A Sreenivasulu Aged about 31 years, 35. Singh Kunal Santosh S/o Santosh Singh Aged about 19 years, 36. Shelarjyotichandrakant D/o Chandrakant Aged about 31 years, 37. Chalwadirajendrasuputra S/o Suputra Aged about 26 years, 38. Khan Shifausman S/o Usman Aged about 19 years, 39. Veerabhadrayya S/o Siddaramayyahiremath Aged about 29 years, 40. Saurabhpandey S/o Ganshyampandey Aged about 20 years, 41. Mohdirshadmohdtaufeeq S/o Mohdtaufeeq Aged about 20 years, 42. Pankajyadav S/o Suresh Chandra Yadav Aged about 20 years, 43. Choudhary Sumitra D/o Baldevram Aged about 19 years, 44. Kumbharjayshreebentukaram D/o Tukaram Aged about 35 years, 45. Dhananjaykumbarlingayat S/o Krishna Kantkumbhare Aged about 34 years, 46. Chavan Ashok Somanath S/o Somanath Aged about 26 years, 47. Pavan Kumar S/o Kumar Aged about 27 years, 48. Bhumarapubalakrishna S/o Bhumarapuvenkatrama Aged about 27 years, 49. Narasimha T S/o Tippanna Aged about 34 years, 50. Khotarjuntukharam S/o Thukaram Aged about 27 years, 51. Choudhary Prakesh Ganesh S/o Ganesh Aged about 20 years, 52. Vikashyadav S/o Rajendra Prasad Yadav Aged about 24 years, 53. Meghana Y N S/o Narayanaswamy Aged about 24 years, 54. Gupta Sunil Phulchand S/o Phulchand Aged about 27 years, 55. Ansari Abdul Hannan S/o Hannanaslam Aged about 20 years, 56. Patilsunitaappasaheb D/o Appasahebpatil Aged about 33 years, 57. Srikantyadav S/o Brahmadevyadav Aged about 25 years, 58. Choudharyanuprabhuram D/o Choudharyprabhuram Aged about 20 years, 59. Gandhi Truptimahendra D/o Mahendra Kumar Aged about 30 years, 60. Ansari Zohashahiv D/o Ansarishahiv Aged about 23 years, 61. Mukesh Kumar S/o Basti Ram Choudhary Aged about 26 years, Petitioners No.2 to 61 are Studying 1st year D. Pharm Course, in the Petitioner’s College #33, Byrathi Extn., Hennur Bagalur Main Road, Kothanur Post, Bengaluru – 560 077. ... Petitioners (By Sri Shivarudra, Advocate) AND 1. The Govt. of Karnataka Health and Family Welfare Department, Vikas Soudha, Vidhana Vidhi, Bengaluru-560 001 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-110 002 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 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