Karnataka High Court
Nss College Of Pharmacy vs The Govt 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.20847-20907 OF 2018 (EDN-RES)
BETWEEN:
1. NSS College of Pharmacy
No.18-318/319, Kuduregere Colony,
Dasanapura Hobli, Alur Post,
Bengaluru-562 162
Represented by its Principal
Miss.Manasa K S.
2. Abdul Qadir
S/o Abdur Rahim
Aged about 27 years
3. Ajeet Kumar Singh
S/o Rajmani Singh
Aged about 19 years
4. Aman Verma
S/o Sant Lal Veram
Aged about 24 years
5. Dubey Jaypdeep Vinod
S/o Vinod
Aged about 24 years
6. Ashish Kumar Patel
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S/o Pancham Patel
Aged about 27 years,
7. Ashok Kumar
S/o Bheemayya
Aged about 24 years,
8. Bhavya H S
D/o Siddappa
Aged about 28 years
9. Brijesh Kumar Yadav
S/o Ram Ketar Yadav
Aged about 30 years
10. DevendraKumar Upadhyay
S/o Ramsingar Upadhyay
Aged about 35 years,
11. Gupta Kajal Anil
D/o Anil
Aged about 19 years
12. Kahan Shaheen Jamil Ahamed
D/o Jamil Ahamed
Aged about 21 years
13. Gharat Dinesh Mani Ram
S/o Mani Ram
Aged about 23 years
14. Gupta Ujwalphoolbadan
S/o Phoolbadan
Aged about 21 years
15. Imran Khan
S/o Md Deen
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Aged about 30 years
16. Irashad Khan
S/o Nabav Khan
Aged about 23 years
17. Mandawalae Amol Laxman
S/o Laxman
Aged about 38 years
18. Khalilur Rahman
S/o Salahuddin
Aged about 20 years
19. Khan Alwasab Asif
S/o Asif
Aged about 22 years
20. Khan Amir Mohammed Amin
S/o Mohammed Amin
Aged about 21 years
21. Khan Anees Ahmed Bismillah
S/o Bismillah
Aged about 23 years
22. KM Divya Yadav
D/o Rajendra Yadav
Aged about 18 years
23. Krishna Bihari Maurya
S/o Rati Bhan
Aged about 24 years
24. Mahendra Kumar
S/o Kriparam Yadav
Aged about 33 years
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25. Maurya Nitesh Radheshyam
S/o Radheshyam
Aged about 20 years.
26. Md Junaid
S/o Md shabbir
Aged about 32 years
27. Md Safdar Ali
S/o Abdul Mannan
Aged about 25 years
28. Mohammed Azim
S/o Mohammed Alim
Aged about 20 years
29. Mhatre Sagar Shekhar
S/o Shekhar
Aged about 28 years
30. Mohammned Faiz
S/o Mohammed Ali
Aged about 28 years
31. Mohammd Zakir Hussain HC
S/o Chandpasha
Aged about 37 years
32. Mohammed Anas Shafikurrahman
S/o Shafikurrahman
Aged about 18 years
33. Mohd Junaid
S/o Riyasat Ali
Aged about 18 years
34. Omprakash Yadav
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S/o Hira Lal Yadav
Aged about 25 years.
35. Pal Jitendra Shiv Prasad
S/o Shivprasad
Aged about 25 years
36. Patil Navanath Tulshidas
S/o Tulshidas
Aged about 38 years
37. Rahul Kumar Giri
S/o Santoshkumargiri
Aged about 27 years
38. Rahulkumar Prajapati
S/o Lalji Prajapati
Aged about 21 years,
39. Rajat Kumar
S/o Chander Pal Singh
Aged about 30 years
40. Yadav Manisha Sahab Lal
D/o Sahablal
Aged about 23 years
41. Ramji Verma
S/o Nardev Yadav
Aged about 32 years
42. Ramji Verma
S/o Subhash Verma
Aged about 40 years
43. Rukmini S
D/o Shankar A
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Aged about 35 years
44. Gupta Sushant Shivkumar
S/o Shivkumar
Aged about 25 years
45. Sandeep Kumar Verma
S/o Sundar Lal Verma
Aged about 23 years
46. Sandeep Kumar Yadav
S/o Amarnathayadav
Aged about 27 years.
47. Sandeep Mishra
S/o Shankar Mishra
Aged about 20 years
48. Sarvesh Patel
S/o Jawahar Patel
Aged about 19 years
49. Shaikh Hajra Hasrat Ali
D/o Hasrat Ali
Aged about 23 years
50. Shaikh Mohammed Rauf
S/o Mohammed Idris
Aged about 23 years
51. Shaikh Mohammed Arif Md siddique
S/o Md Siddique
Aged about 20 years
52. Shaik Mohammed Atif
S/o Shaikh Mohammed Zakariya
Aged about 20 years
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53. Shiv Om Mishra
S/o Dinesh Mishra
Aged about 25 years
54. Chandra Bhushan
S/o Ram Kailash Mishra
Aged about 24 years
55. Singh Ritesh Harendra
S/o Harendra
Aged about 18 years
56. Yadav Santoshkumar Ramdhani
S/o Ramdhani
Aged about 29 years
57. Suresh Giri
S/o Ramanand giri
Aged about 35 years
58. Vimal Pathak
S/o Ramkishan Pathak
Aged about 30 years
59. Yadav Dinesh Kumar Rajnarayan
S/o Raj Narayan
Aged about 33 years
60. Krishna Deepak Yadav
S/o Hari Lal Yadav
Aged about 23 years
61. Sachin Verma
S/o R C Verma
Aged about 36 years
Petitioners 2 to 61 are the students
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Of 1 year D.Pharma Course in
NSS College of Pharmacy,
No.18-318/319, Kuduregere Colony,
Dasanapura Hobli, Alur Post,
Bengaluru-562 162. ... Petitioners.
(By Sri.Shivarudra, Advocate)
AND
1. The Government of Karnataka
Health and Family Welfare Department
Vikas Soudha, Vidhana Vidhi,
Bengaluru-560 001.
Represented by its Secretary
2. The Board of Examining Authority
Drugs Control Department,
P.Kalinga Rao Road,
Subbaiah Circle, Bengaluru-560 027
Represented by its Secretary.
3. The Pharmacy Council of India,
Combined Councils Building,
Kotla Road, Temple Lane,
New Delhi-110 002.
Represented by its Secretary ... Respondents
(By Smt.Pramodini Kishan, AGA for R1and R2;
Sri.S.S.Haveri, Advocate for R3)
These Writ Petitions are filed under Articles 226 and
227 of Constitution of India, praying to direct the respondent
No.3 to accord permission for the academic year 2017-2018
as the inspection of the petitioner college is completed and to
permit the respondent No.2 to permit the petitioner student 2
to 60 for the examination scheduled to commence during the
first week of May, 2018.
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These writ petitions coming on for Orders 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 10 not been granted, since the petitioner institution did not merit grant of such approval.
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.
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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 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.
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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 informed to the petitioner No.1-College, keeping in view the fate of several students hanging in air.
Sd/-
JUDGE PN/-