Karnataka High Court
Ms Prachi Sandeep vs State Of Karnataka on 12 September, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:37746
WP No. 24656 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.24656 OF 2024 (EDN-RES)
BETWEEN:
MS. PRACHI SANDEEP,
D/O MR. SANDEEP,
AGED 21 YEARS,
R/A FLAT NO.103,
WHITE NILE APARTMENT,
GEORGE MARTIS ROAD,
MALLIKATTE, MANGALORE - 02,
STUDENT OF PHARM-D COURSE,
NITTE GULABI SHETTY MEMORIAL
INSTITUTE OF PHARMACEUTICAL SCIENCES,
MANGALORE - 575 018.
STUDENT REGISTRATION NO.NU21UPD019.
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI FOR
Digitally signed M/S. P.P.HEGDE ASSTS., ADVOCATE)
by
LEELAVATHI S
R AND:
Location: HIGH
COURT OF
KARNATAKA 1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
VIKAS SOUDHA, BENGALURU - 560 001.
REPRESENTED BY ITS CHIEF SECRETARY.
2. PHARMACY COUNCIL OF INDIA
COMBINED COUNCIL'S BUILDING,
KOTLA ROAD, TEMPLE LANE,
AIWAN-E GHALIB MARG, NEW DELHI - 110 002.
REP. BY THE REGISTRAR CUM SECRETARY.
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WP No. 24656 of 2024
3. NITTE GULABI SHETTY MEMORIAL INSTITUTE OF
PHARMACEUTICAL SCIENCES
NITTE (DEEMED TO BE UNIVERSITY)
MANGALORE - 575 018.
REPRESENTED BY THE VICE CHANCELLOR.
4. THE REGISTRAR
NITTE GULABI SHETTY MEMORIAL
INSTITUTE OF PHARMACEUTICAL SCIENCES,
NITTE (DEEMED TO BE UNIVERISTY)
DERALAKATTE,
MANGALORE - 575 018.
5. PRINCIPAL
NITTE GULABI SHETTY MEMORIAL
INSTITUTE OF PHARMACEUTICAL SCIENCES,
NITTE (DEEMED OT BE UNIVERISTY)
DERALAKATTE,
MANGALORE - 575 018.
...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1;
SRI. S.S. HAVERI, ADV. FOR R2;
SRI. MANMOHAN P.N., ADV. FOR R3 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUITION OF INDIA PRAYING TO QUASH THE E-MAIL
COMMUNICATION DATED 29/01/2024 VIDE ANNX-G ISSUED BY THE
PRINCIPAL / R5 TO THE FATHER OF THE PETITIONER DENYING
PROMOTION TO IV YEAR OF PHARM-D COURSE AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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WP No. 24656 of 2024
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a) Issue Appropriate Writs or Orders, quashing the email communication dated: 29.01.2024 vide Annexure-
G issued by the Principal/Respondent No.5 to the Father of the Petitioner denying promotion to IV year of Pharm-D course;
b) Issue appropriate Writs or Orders, quashing the communication of Respondent No.4/Registrar dated:
20.08.2024 vide Annexure-J forwarded by the Principal/Respondent No.4 to the Petitioner, which bars the Petitioners from attending classes of IV year PHARM-D course.
c) Issue appropriate Writs or Orders, declaring that clause 15.4- Regulations and Curriculum for Pharm-D. and Pharm.D.(Post Baccalaureate) (Amended up to AUGUST 2024) by the university vide Annexure-E1is arbitrary and unreasonable and not binding on the Petitioner.
d) Issue appropriate Writs or Orders, directing Respondents No.3 to 5 to admit the Petitioner with Student registration No. NU21UPDO19 to the IV Year Pharm-D course and also permit the petitioner to pursue the classes of IV year Pharm-D Course and appear for all the examinations of the said course.
e) And grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice." -4-
NC: 2024:KHC:37746 WP No. 24656 of 2024
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. Learned counsel for respondent Nos.3 to 5 has filed a memo enclosing a copy of the Communication dated 11.09.2024 whereby respondent No.5 has stated that as a special case, petitioner would be permitted to attend the 4th year Pharma D. course subject to payment of Course fees and other prescribed fees.
4. The said memo along with the document are placed on record.
5. In view of the aforesaid facts and circumstances and memo filed by learned Senior Counsel for the petitioner and the submission of the learned Senior Counsel that pursuant to the Communication, petitioner has already joined and currently attending 4th year Pharma D. class in the respondent No.5 - college, the petition deserves to be disposed of by issuing certain directions.
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6. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) In view of the aforesaid memo, the impugned E-
mail Communication at Annexure - G dated 29.01.2024 and impugned Communication at Annexure - J dated 20.08.2024 are hereby quashed.
(iii) Prayer (c) does not survive for consideration any longer.
(iv) Prayer (d) stands disposed of in view of the memo, which permits the petitioner to attend the 4th year Pharma D class, which has already commenced.
(v) Subject to the aforesaid directions, petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 5