Karnataka High Court
Spurthy College Of Pharmacy vs The State Of Karnataka on 28 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.19357 OF 2022 (EDN-RES)
BETWEEN:
SPURTHY COLLEGE OF PHARMACY
NO.328, MARASUR GATE, ANEKAL MAIN ROAD
ANEKAL TALUK, BENGALURU - 562 106.
REPRESENTED BY ITS PRINCIPAL
SRI.K.A. SRIDHAR.
...PETITIONER
(BY 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 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR, BENGALURU - 560 011
REPRESENTED BY ITS REGISTRAR.
3. PHARMACY COUNCIL OF INDIA
COMBINED COUNCIL'S BUILDING
KOTLA ROAD, AIWAN-E GHALIB MARG
NEW DELHI - 110 002.
REPRESENED BY ITS PRESIDENT.
...RESPONDENTS
(BY SMT. SHWETA KRISHNAPPA., AGA FOR R-1;
SRI. B.S. SACHIN., ADVOCATE FOR R-2;
NOTICE TO R-3 D/W)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT RGUHS, R-2
HEREIN, TO PLACE THE APPLICATION OF THE PETITIONER
INSTITUTION BEFORE THE SYNDICATE MEETING AND
FURTHER RECOMMEND THE GOVERNMENT OF KARNATAKA, R-
1 FOR ENHANCEMENT OF SEAT INTAKE FROM 60 TO 100 WITH
REGARD TO B PHARMA COURSE, FOR THE ACADEMIC YEAR
2022-23 FORTHWITH.
2
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 RGUHS, Respondent No.2 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.
b. Further direct the Government of Karnataka, Respondent No.1, herein, to pass appropriate order forthwith, granting approval to the 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.2 herein.
c. 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 learned counsel appearing for the petitioner, learned AGA for respondent No.1, learned 3 counsel for respondent No.2. Notice to respondent No.3 is dispensed with 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 counsel for the petitioner submits that pursuant to obtaining requisite permission and affiliation from the respondents to start D.Pharma and B.Pharma courses with an intake of 60 seats in each course, petitioner submitted an application on 30.03.2021 seeking increase in intake for B.Pharma course from 60 seats to 100 seats for the academic year 2022-23. On 06.09.2021, the respondent - RGUHS addressed a Communication to the petitioner calling upon it to comply with certain deficiencies and the same having been complied with by the petitioner, a letter dated 14.09.2021 was submitted by the petitioner reporting compliance.
4. Learned counsel submitted that subsequently, the Local Inspection Committee of the respondent - RGUHS conducted inspection and reported compliance 4 and recommended for increase in the intake for B.Pharma Course from 60 students to 100 students which was approved by respondent No.3 - Pharmacy Council of India and the same was communicated to the respondent - RGUHS and affidavits in this regard along with details of the Senior Faculty for the increased / enhanced intake was submitted by the petitioner on 16.05.2022.
5. Learned counsel invited my attention to the material on record in order to point out that despite the aforesaid facts and circumstances which indicate that the petitioner is entitled to enhancement / increase of the intake from 60 students to 100 students for B.Pharma course for the academic year 2022-23, the RGUHS neither took any steps to address the request of the petitioner nor placed the same before its Syndicate nor forwarded the decision to the State Government and as such, 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 5 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 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 (D.D.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 (D.D.16.08.2022).
3) MVJ Medical College and Research Hospital Vs. Rajiv Gandhi University of Health Sciences and others - W.P.No.16220/2022 (D.D.18.08.2022).
4) Harsha College of Pharmacy Vs. The State of Karnataka and others - W.P.No.14896/2022 (D.D.05.09.2022)
6. Per contra, learned AGA and learned counsel for the respondents submits that if reasonable time is granted, they would address the grievances of the 6 petitioner and take appropriate steps / decision and pass appropriate orders in accordance with law.
7. 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.
8. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
7
(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 07.10.2022, 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 8 in accordance with law and without any delay on or before 18.10.2022.
Sd/-
JUDGE SV