Karnataka High Court
Siddaganga College Of Pharmacy vs The Government Of Karnataka on 3 January, 2019
Author: Krishna S.Dixit
Bench: Krishna S. Dixit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JANUARY 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT
WRIT PETITION NOS.20664-20724 OF 2018 (EDN-RES)
BETWEEN:
1. Siddaganga College of Pharmacy,
No.33, Servicev 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.
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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.
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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,
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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.
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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,
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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.
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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
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Of I year D.Pharma Course in
Siddaganga College of Pharmacy,
No.33, Servicev 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 permission for the Academic Year
2017-18 as the inspection of the petitioner college is
completed and etc.,
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These Writ Petitions coming on for Preliminary Hearing
in 'B' Group this day, the Court made the following:
ORDER
The grievance of the petitioner No.1-College and its students is against non-consideration of representation for grant of approval by respondent No.3/Pharmacy Council of India.
2. After service of notice, the respondents have entered appearance through their counsel. Respondent No.3- Pharmacy Council of India, having been represented by its Senior Panel Counsel Sri S.S. Haveri, has filed counter affidavit resisting the prayer made in the writ petitions.
3. Sri S.S. Haveri, learned Panel Counsel submits that the Pharmacy Council of India has accorded approval to the petitioner No.1-Institution for the academic year 2018-19; but, for the previous academic year 2017-18, approval has not been granted, since the petitioner institution did not merit grant of such approval.
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4. Learned counsel for the petitioners at this stage points out that the inspection was conducted by a team of Pharmacy Council of India for the academic year 2017-18 although the approval has not been granted for this academic year and therefore, Council has to re-consider the request of the petitioner.
5. Sri S.S. Haveri, learned Panel Counsel has expressed difficulties to this proposal keeping in view the decision of the Apex Court in the case of Dental Council of India Vs. Dr. Hedgewar Smruti Rugna Seva Mandal, Hingoli and Ors., reported in 2017 (13) SCC 115 wherein, the Apex Court has made some observations as to admission of the students sans approval by the jurisdictional authorities.
6. However, Sri S.S. Haveri, learned Panel Counsel submits that even then there would be no difficulty for re- consideration of petitioners' representation but keeping in view the law declared by the Apex Court in similar matters 11 and in accordance with law, if an appropriate representation is made by the petitioner No.1-College, furnishing all necessary information and the records that would prima facie show that the defects pointed out by the Council were non- existent or that the same were duly complied with in time.
7. In view of the above, these writ petitions are disposed off, reserving liberty to the petitioner No.1-College to make an appropriate representation forthwith to respondent No.3-Pharmacy Council of India for consideration, for the grant of approval for the academic year 2017-18 along with the material particulars of similarly placed institutions to whom approval has been granted ex-post facto and with retrospective effect.
It is needless to state that, if such representation is made by the petitioner-institution forthwith, , the same shall be considered by respondent No.3-Pharmacy Council of India as expeditiously as possible and the result thereof shall be 12 informed to the petitioner No.1-College, keeping in view the fate of several students hanging in air.
Sd/-
JUDGE PN/-