Karnataka High Court
Shri. Chaithanya S. Simha vs Ramaiah University Of Applied Sciences on 9 April, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.8808/2025 (EDN-EX)
BETWEEN:
SHRI. CHAITHANYA S. SIMHA
S/O. DR. SHRI. SANJAY ANANTH KRISHNA,
AGED ABOUT 22 YEARS,
RESIDING AT D.NO.6, KAIVALYA MANSION,
108/O, KALPANA CHAWLA ROAD,
BHOOPASANDRA, R M V II STAGE,
BENGALURU-560 094.
... PETITIONER
(BY SRI SRIRANGA, SENIOR COUNSEL FOR
SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. RAMAIAH UNIVERSITY OF APPLIED SCIENCES,
GNANAGANGOTHRI CAMPUS,
NEW B E L ROAD,
M.S. RAMAIAH NAGAR,
BENGALURU-560 054,
REPRESENTED BY ITS REGISTRAR.
2. RAMAIAH UNIVERSITY OF APPLIED SCIENCES,
FACULTY OF PHARMACY,
GNANAGANGOTHRI CAMPUS,
NEW B E L ROAD,
M.S. RAMAIAH NAGAR,
BENGALURU-560 054,
REPRESENTED BY ITS DEAN.
3. PHARMACY COUNCIL OF INDIA,
N.B.C.C. CENTRE, III FLOOR,
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PLOT NO. 2, COMMUNITY CENTRE,
MAA ANANDAMAI MARG,
OKHLA PHASE-I, NEW DELHI-110 020,
REP. BY ITS SECRETARY.
... RESPONDENTS
(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL FOR
SRI AMRUTHESH C., ADVOCATE FOR R-1 & R-2;
SRI S.S. HAVERI, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.1
AND 2 TO ADMIT AND PERMIT THE PETITIONER TO ATTEND THE
FOURTH-YEAR CLASSES FOR THE ACADEMIC YEAR 2024-2024;
DECLARE THAT THE ACTION OF RESPONDENT NOS.1 AND 2 IN
ALTERING THE DATE OF SUPPLEMENTARY EXAMINATION FOR THE
ACADEMIC YEAR 2023-2024 UNILATERALLY, IN CONTRADICTION TO
THE ACADEMIC CALENDAR OF 2023-2024 IS ILLEGAL AND NON-
EST; DIRECT RESPONDENT NOS.1 AND 2 TO PROVIDE THE
PETITIONER FULL ATTENDANCE FOR THE FOURTH-YEAR CLASSES
MISSED BY THE PETITIONER DURING THE PENDENCY OF THE
PRESENT WRIT PETITION; DIRECT RESPONDENT NO.3 TO REGULATE
AND MONITOR RESPONDENT NO.2 TO ENSURE COMPLIANCE OF ITS
REGULATIONS REGARDING REVALUATION AND SUPPLEMENTARY
EXAMINATIONS.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 28/03/2025, COMING ON FOR PRONOUNCEMENT
THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
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CAV O R D E R
The point that falls for consideration in the present writ
petition is:
"Whether the petitioner who appeared for
December, 2024 supplementary exam during the
pendency of WP No.25796/2024 can claim a
retrospective effect after accepting the university
schedule of exam for supplementary in December,
2024?"
2. The petitioner, a student of the 6-year Pharma D
Programme for the academic year 2021-2022, was required
to clear all 2nd year backlogs to be promoted to the 4th year.
The petitioner had failed in one subject,
Pharmacotherapeutics-I and sought revaluation. Initially,
the university refused, citing no provision for revaluation,
leading the petitioner to file WP No.25796/2024 before this
Court. During the hearing, the university agreed to conduct
the revaluation, as such, necessary direction was issued, on
revaluation, the petitioner still failed. When the matter was
pending before this Court in WP No.25796/2024,
supplementary exams were held in December 2024, the
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petitioner appeared and passed, with results declared in
March 2025.
3. Learned Senior counsel appearing for the
petitioner argues that as the petitioner has passed the
examination by clearing all the subjects of the 2nd year held
during December 2024 and by virtue of an interim order
passed by this Court in WP No.25796/2024, the
supplementary exam results declared in the month of March
2025 should be given retrospective effect, treating it as if he
had passed the subject in an earlier academic cycle, thereby
allowing him to be promoted to the 4th year without losing an
academic year. It is argued that the usual schedule for the
supplementary exam was July 2024, but it was delayed to
December 2024, had the exams been conducted in July 2024
as per the past practice, the petitioner would have cleared it
before the start of the new academic session. Since the delay
is on the part of the institution, it should not prejudice the
petitioner's academic progression.
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4. Sri P.S. Rajagopal, learned Senior counsel
appearing for the university, submits that the supplementary
exam was part of 2024-2025 academic cycle and the results
declared in March 2025 applied prospectively and not
retrospectively. It is argued that the 4th year Pharma D
course commences in August 2024, as on the date of
commencement of the academic year for the 4th year Pharma
D course, the petitioner had backlogs of two subjects,
namely Pharmacotherapeutics-I (theory) of 2nd year and
Pharmacology-II (practical) of 3rd year Pharma D course. As
per the programme specification, the petitioner to be eligible
to attend 4th year Pharma D course for the academic year
2024-2025 has to clear the backlog of 2nd year. The
petitioner has passed supplementary exams conducted in
December 2024, his eligibility to the 4th year Pharma D
course only would be from the academic year 2025-2026. It
is submitted that in the earlier round of litigation, the
petitioner had raised the same contention regarding
supplementary examination, the petitioner, having
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abandoned his claim in the earlier writ petition, cannot
resurrect it now.
5. This Court has carefully considered the rival
contentions urged by the learned counsel on both sides and
perused the material on record.
6. The petitioner had approached this court in WP
No.25796/2024 seeking the following reliefs:
"i) Direct Respondent Nos.1 & 2 to conduct
revaluation of the Petitioner's Pharmacotherapeutics -
I (theory) answer sheet;
ii) Direct Respondent Nos.1 & 2 to extend the
Grace Marks Policy stipulated under regulation 4.9 of
RUAS Examination Regulations August 2020
(Annexure F) to the Petitioner while revaluating his
Pharmacotherapeutics -I (theory) answer sheet;
iii) Direct Respondent Nos.1 & 2 to accept the
Petitioner's assignment for the Pharmacotherapeutics
-I (Theory) course;
iv) Direct Respondent Nos.1 & 2 to provide an
opportunity to the Petitioner to write the Internal
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Assessment exam for the Pharmacotherapeutics-I
(Theory) course as per Clause 23 of the Programme
Specifications (Annexure D);
v) Direct Respondent Nos.1 & 2 to conduct
supplementary examinations for the
Pharmacotherapeutics-I (Theory) course and declare
the results forthwith as per past practice;
vi) Direct Respondent Nos.1 & 2 to admit and
permit the Petitioner to attend the Fourth Year classes
for the Academic Year 2024-2024;
vii) Direct Respondent Nos.1 & 2 to provide the
Petitioner full attendance for the Fourth Year classes
missed by the Petitioner during the pendency of the
present Writ Petition;
viii) Direct Respondent No.3 to regulate and monitor
Respondent No.2 to ensure compliance of its
Regulations regarding revaluation and supplementary
examinations;
ix) Direct Respondent No.2 to consider the
representation addressed by the Petitioner's father
dated 30.07.2024 (Annexure L);
x) Grant cost of these proceedings; and
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xi) Pass such other orders or directions as this
Hon'ble Court may deem fit in the facts and
circumstances of the case."
7. This Court vide interim order dated 19.09.2024
permitted the petitioner to attend the 4th Pharma D Classes,
which reads as under:
"... In the meanwhile, by way of an interim
arrangement and without prejudice to the rights and
contentions of the parties, petitioner is permitted to
attend 4th year Pharma-D classes for the academic
year 2024.
Re-list on 24.09.2024
Liberty is reserved in favour of respondents to seek
vacation/modification of this order..."
8. In WP No.25796/2024, it was contended by the
petitioner that if the answer sheet of Pharmacotherapeutics-I
(theory) of 2nd Year Pharma D course, supplementary
examination conducted in May 2024 were to be re-evaluated,
he would pass in the said examination. The respondents filed
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memo in the said writ petition dated 01.02.2025, which
reads as under:
"The 1st and 2nd Respondents above named beg to
state as follows:
i. Taking into consideration what fell from this
Hon'ble Court during the hearing of the subject writ
petition and in the facts and circumstances of the
present case, respondent No.1 University has decided
to grant the revaluation of Pharmacotherapeutics - I
(Theory) paper of the 2nd year Pharm D Course,
supplementary examination conducted in May, 2024
pertaining to the petitioner, without the same being
treated as precedent.
ii. The 1st respondent University would regulate the
entitlement of the petitioner for the 4th year Pharm.D,
based on the result of such revaluation. This memo
may kindly be taken on record and the above writ
petition be disposed off in terms of this memo in the
interest of justice and equity."
9. This Court vide order dated 01.02.2025 disposed
of the writ petition in terms of the memo. Pursuant to the
order of this Court in WP No.25796/2024 2nd year Pharm D
Pharmacotherapeutics-I (theory) supplementary examination
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May 2024 revaluation was conducted, the results were
announced declaring that the petitioner has failed in the
revaluation. During the pendency of WP No.25796/2024, the
petitioner had written the supplementary examination
conducted in December 2024 for Pharmacotherapeutics-I
(theory) without permission of this Court.
10. The eligibility for promotion as stipulated by the
programme specifications Pharma D Programme of the
respondent No.1 is as under;
"Eligibility for promotion to next year.
1. All students who have appeared...
2. A student will be promoted to third year
provided the student has passed all the courses of first
year of study.
3. A student will be promoted to fourth year
provided the student has passed all the courses of
second year of study"
11. The petitioner, who failed Pharmacotherapeutics-I
(theory) in 2nd year, seeks to be promoted to 4th year after
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passing the supplementary exam held in December 2024
with results declared in 2025. The earlier writ petition was
disposed of based on the memo filed by the university to
allow revaluation only, the petitioner did not press the issue
of postponing the supplementary exam to December 2024.
The earlier writ petition only addressed revaluation and did
not grant relief for late exams. The petitioner appeared for
the supplementary exam in December 2024 without
protesting the schedule. The programme Specification for the
Pharma D prescribes eligibility for promotion to the next
year, stating that a student will be promoted to 4th year
provided the student has passed all the course of 2nd year of
study, the petitioner had passed the supplementary
examination conducted in December 2024, the results have
been announced in the month of March 2025, his eligibility to
be admitted to 4th year Pharma D course is for the next
academic year 2025-2026. The loss of an academic year is a
natural consequence of failure. The academic regulations do
not allow supplementary exam results to apply
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retrospectively, accordingly answer the point for
consideration in the negative. The petition lacks merits and
hence, the following:
ORDER
The writ petition is dismissed.
Sd/-
________________________ JUSTICE K.S. HEMALEKHA YKL