Karnataka High Court
Harsha College Of Pharmacy vs The State Of Karnataka on 5 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.14896 OF 2022 (EDN-RES)
BETWEEN:
HARSHA COLLEGE OF PHARMACY
NO. 129/47, KAMBAYYANAPALYA, JAKKASANDRA POST
THYMAGONDLY ROAD, NELEMANGALA
BENGALURU - 562 123.
REPRESENTED BY ITS PRINCIPAL
SMT. MAMATHA REDDY.
...PETITIONER
(BY SRI. UDAYA HOLLA, SR.COUNSEL A/W
SRI. KRISHNA.T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEATH & FAMILY WELFARE
M.S. BUILDING, BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE VICE CHANCELLOR
THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, , JAYANAGAR
BENGALURU - 560 001.
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES4TH T BLOCK, JAYANAGAR,
BENGALURU - 560 011
REPRESENTED BY ITS REGISTRAR.
4. PHARMACY COUNCIL OF INDIA
COMBINED COUNCIL'S BUILDING
KOTLA ROAD, AIWAN-E GHALIB MARG
NEW DELHI - 110 002.
...RESPONDENTS
(BY SRI. SCHIN.B.S., ADVOCATE FOR R-2 & R-3
SMT. A.R. SHARADAMBA., AGA FOR R-1
SRI.S.S. HAVERI., ADVOCATE FOR R-4
2
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE VICE
CHANCELLOR, RGHUS, R2 HEREIN TO ACT U/S 13(2) OF THE
RGHUS ACT AND PASS NECESSARY ORDERS REGARDING
RECOMMENDATION TO THE GOVERNMENT FOR
ENHANCEMENT OF SEAR INTAKE FROM 60 TO 100 WITH
REGARD TO B PHARMA COURSE, FOR THE ACADEMIC YEAR
2022-23 RESPECT OF THE PETITIONER INSTITUTION AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
In this petition, the petitioner has sought for the following reliefs:
a. Issue a Writ of Mandamus, directing the Vice Chancellor, RGUHS, Respondent No.2 herein, to act under Sec.13(2) of the RGUHS Act and pass necessary orders regarding recommendation to the Government for enhancement of seat intake from 60 to 100 with regard to B Pharma Course, for the academic year 2022-23 in respect of the Petitioner Institution.
b. Or in the alternative direct RGUHS, Respondent No.3 herein, to place the application of the petitioner Institution before the syndicate meeting and further recommend the Government of Karnataka, Respondent No.1, for enhancement of seat intake from 60 to 100 with regard to B Pharma Course, for the academic year 2022-23 forthwith.
c. Further direct the Government of Karnataka, Respondent No.1, herein, to pass appropriate order forthwith, granting approval to the 3 Petitioner Institution for enhancement of seat intake from 60 to 100 with regard to B Pharma Course, for the academic year 2022-23, pursuant to the approval by the Rajiv Gandhi University of Health Sciences, Respondent No.3 herein.
d. Grant such other relief's as this Hon'ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity.
2. Heard Sri. Udaya Holla, learned Senior counsel appearing for the petitioner, learned AGA for respondent No.1, learned counsel for respondent Nos.2 and 3 and learned counsel for respondent No.4 and perused the material on record.
3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the documents produced by the petitioner, learned Senior counsel for the petitioner submits that on 10.04.2020, petitioner-Institution obtained requisite affiliation from the Pharmacy Council of India for B.Pharma and D.Pharma and also obtained permission from the State Government on 13.10.2020 to start fresh B.Pharma Course for the academic year 2020-21. On 22.06.2021, the Local 4 Inspection Committee of respondent Nos.2 and 3-RGUHS conducted inspection of the petitioner-Institution on 22.06.2021. Subsequently, on 02.08.2021, petitioner requested the RGUHS to increase/enhance the intake with regard to B.Pharma Courses for the academic year 2021- 22 from 60 seats to 100 seats and also brought to their notice that the petitioner had constructed a new building/campus at No.129/47, Kambayyanapalya, Jakkasandra Post, Thyamagondlu Road, Nelamangala, Bengaluru, pursuant to which the Local Inspection Committee conducted an inspection of the new campus/building and reported that the petitioner-Institution possessed the required infrastructure and facilities for enhancement. In the meanwhile, the affiliation for B.Pharma Course for the academic year 2021-22 was continued by the RGUHS in favour of the petitioner.
3.1 Learned Senior counsel invited my attention to the material on record in order to point out that despite the petitioner submitting a letter/representation on 09.03.2022 to RGUHS seeking enhancement/increase of the intake for 5 B.Pharma course for the academic year 2021-22, the RGUHS neither took any steps to address the request of the petitioner nor placed the same before its Syndicate. Instead, the RGUHS addressed a letter dated 01.04.2022 to the petitioner calling upon it to furnish documents in relation to the land and building where the institution was being run and for an explanation regarding the new building/campus of the petitioner referred to supra. The petitioner submitted its reply dated 09.04.2022 along with all relevant documents and submitted additional documents on 12.04.2022 to the RGUHS. Since RGUHS did not take necessary steps/action on the request for increase in intake sought for by the petitioner for the academic year 2022-23, petitioner submitted representation dated 14.07.2022 requesting the RGUHS to place the petitioner's application before the Syndicate and to take a decision in this regard expeditiously and forward the same to the Government for appropriate action. It is the grievance of the petitioner that despite the aforesaid facts and circumstances and the repeated requests made by the petitioner, its application was not placed before the meeting of the Syndicate 6 conducted/held on 16.07.2022 and consequently, petitioner is before this Court by way of the present petition. It is submitted that since the request of the petitioner for increase/enhancement of intake is pending for considerable length of time as stated supra, if the respondents were to delay the matter any further, the petitioner would not be entitled to increase in intake for the academic year 2022-23 also resulting in irreparable injury and hardship to the petitioner and the students and justice would suffer. In support of his contentions, learned Senior counsel placed reliance upon the following decisions:
1) Navodaya Medical College Vs. Rajiv Gandhi University of Health Sciences and others -
W.P.No.15341/2022 dated 16.08.2022.
2) Vydehi Institute of Medical Sciences and Research Centre and another Vs. Rajiv Gandhi University of Health Sciences and others - W.P.No.14961/2022 dated 16.08.2022.
3) MVJ Medical College and Research Hospital Vs. Rajiv Gandhi University of Health Sciences and others - W.P.No.16220/2022 dated 18.08.2022.
4. Per contra, learned AGA and learned counsel for the respondents submits that if reasonable time is 7 granted, they would address the grievances of the petitioner and take appropriate steps/decision and pass appropriate orders in accordance with law.
5. The material on record clearly discloses that despite repeated requests made by the petitioner seeking enhancement/increase in the intake of students for B.Pharma Course from 60 students to 100 students coupled with the fact that the Local Inspection Committee of the RGUHS has submitted its report to the effect that the petitioner possesses all infrastructural requirements and facilities, the delay and inaction on the part of the RGUHS to place the request/application of the petitioner before its Syndicate and take appropriate decision and forward the same to the State Government has resulted in prejudice being caused to the petitioner and as such, I deem it just and appropriate to allow the petition and direct the respondents to take appropriate steps/action in this regard at the earliest, within a stipulated timeframe.
6. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.8
(ii) Respondent Nos.2 and 3 - RGUHS is directed to convene a meeting of its syndicate for the purpose of considering the application of the petitioner-Institution for increase in intake for B.Pharma Course for the academic year 2022-
23 and take a decision in this regard forthwith and at any rate on or before 09.09.2022, in accordance with law bearing in mind the material on record produced by the petitioner in the present petition and the principles referred to in the decisions of this Court referred to supra.
(iii) It is further directed that immediately upon taking a decision as stated supra, respondent Nos.2 and 3 shall forward the same to the State forthwith without any delay and pursuant to the same, the State Government shall also take an appropriate decision forthwith in accordance with law and without any delay on or before 15.09.2022.
Sd/-
JUDGE Bmc