Karnataka High Court
Kote College Fo Pharmacy vs Pharmacy Council Of India on 4 December, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.29824 OF 2024 (EDN-RES)
C/W
WRIT PETITION NO.29903 OF 2024 (EDN-RES)
WRIT PETITION NO.29905 OF 2024 (EDN-RES)
WRIT PETITION NO.29916 OF 2024 (EDN-EX)
WRIT PETITION NO.29919 OF 2024 (EDN-EX)
WRIT PETITION NO.29921 OF 2024 (EDN-RES)
WRIT PETITION NO.29922 OF 2024 (EDN-RES)
WRIT PETITION NO.29924 OF 2024 (EDN-RES)
IN W.P.NO.29824 OF 2024
BETWEEN
SARANG COLLEGE OF PHARMACY
GULUR
KUNIGAL MAIN ROAD
TUMKUR
KARNATAKA 572 118
Digitally signed REP BY ITS PRINCIPAL.
by SHWETHA ...PETITIONER
RAGHAVENDRA
Location: HIGH (BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
COURT OF SRI. PRATHAM N., ADVOCATE)
KARNATAKA
AND
1. PHARMACY COUNCIL OF INDIA
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
-2-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
-3-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
(BY SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2, R3, R4-R7 & R8;
SRI. S.S. HAVERI., ADVOCATE FOR R1;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA (ANNEXURE-E) AND THE SECTION
12 OF PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29903 OF 2024
BETWEEN
KOTE COLLEGE OF PHARMACY
YELHANKA NEW TOWN,
BENGALURU EAST,
BENGALURU URBAN, KARNATAKA-560064
REP BY ITS PRINCIPAL
P. SHIRISHA
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
-4-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2, R3, R4-R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
-5-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA (ANNEXURE-E) AND THE SECTION
12 OF PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29905 OF 2024
BETWEEN
SA COLLEGE OF PHARMACY
SHETTYHALLI ROAD, NRUPATUNGA EXTENSION
TUMKUR, KARNATAKA-572102
REP BY ITS PRINCIPAL
NAGARAJ
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
-6-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 ISSUED BY R3 AS ULTRA
VIRES THE POWERS CONFERRED UNDER REGULATION FRAMED BY
-7-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
PHARMACY COUNCIL REGULATION OF INDIA (ANNEXURE-E) AND
THE SECTION 12 OF PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29916 OF 2024
BETWEEN
AYESHA COLLEGE OF PHARMACY
NEAR TOLL GATE,
TUMKUR, BENGALURU ROAD,
KARNATAKA-572006
REP BY ITS PRINCIPAL
RIZWAN
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
-8-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA AND THE SECTION 12 OF
PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29919 OF 2024
BETWEEN
-9-
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
SHASHIKOTE COLLEGE OF PHARMACY
1ST CROSS ROAD, DODDABALLAPURA MAIN ROAD,
YELHANKA NEW TOWN, KARNATAKA-560064
REP BY ITS PRINCIPAL
MOHAMMED IRSHAD PASHA
AGED ABOUT 46 YEARS
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
- 10 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA AND THE SECTION 12 OF
PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29921 OF 2024
BETWEEN
V.R. COLLEGE OF PHARMACY
JAYANAGAR, 3RD BLOCK,
TUMKUR, KARNATAKA-572103
REP BY ITS PRINCIPAL
- 11 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
CHETHANA S.R.
..PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
- 12 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA AND THE SECTION 12 OF
PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29922 OF 2024
BETWEEN
VARADARAJA COLLEGE OF PHARMACY
KATAVEERANAHALLI THOTA,
OPP CITRA STAR HOTEL
SATHYAMANGALA, TUMKUR,
KARNATAKA-572104
REP BY ITS PRINCIPAL
KRISHNAMURTHY
- 13 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
- 14 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA AND THE SECTION 12 OF
PHARMACY COUNCIL ACT, 1948 AND ETC.
IN W.P.NO.29924 OF 2024
BETWEEN
HMS COLLEGE OF PHARMACY
SHETTYHALLI ROAD,
TUMKUR, KARNATAKA-572118
REP BY ITS PRINCIPAL
FARZANA BEGUM
...PETITIONER
(BY SRI: V. LAKSHMI NARAYANA SR. ADVOCATE FOR
SRI. PRATHAM N., ADVOCATE)
AND
- 15 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
1. PHARMACY COUNCIL OF INDIA
REP BY CHAIRMAN
REP BY NBCC CENTRE 3RD FLOOR
PLOT NO.2 COMMUNITY CENTRE
MAA ANANDAMAI MARG
OKHLA PHASE I
LANDMARK-(NEAR HOTEL CROWNE PLAZA)
NEW DELHI 110020
2. THE PRINCIPAL SECRETARY
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT
NO. 105, 1ST FLOOR
VIKASA SOUDHA
BENGALURU 560001
3. THE UNDER SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE
NO. 105, 1ST FLOOR VIKASA SOUDHA
BENGALURU 560001
4. THE PRINCIPAL SECRETARY
MINISTRY OF MEDICAL EDUCATION AND
SKILL DEVELOPMENT
ROOM NO. 610 6TH FLOOR,
4TH GATE MS BUILDING
BENGALURU 560001
5. THE VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BENGALURU 560041
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REP BY ITS REGISTRAR
7. BOARD OF EXAMINATION AUTHORITY PHARMACY
XH7R + 242 SUBBAIAH CIRCLE
NEAR SUBBAIAH CIRCLE
MISSION ROAD
- 16 -
NC: 2024:KHC:50103
WP No. 29824 of 2024
C/W WP No. 29903 of 2024
WP No. 29905 of 2024
AND 5 OTHERS
BENGALURU 560027
REP BY ITS MEMBER SECRETARY.
8. CHAIRMAN
BOARD OF EXAMINING AUTHORITY
FOR THE STATE OF KARNATAKA
DRUGS CONTROL DEPARTMENT
PALACE ROAD
BENGALURU 560001
...RESPONDENTS
(BY SRI. S.S. HAVERI., ADVOCATE FOR R1;
SRI. REUBEN JACOB., AAG A/W
SMT. R.K. PRATHIBHA., AGA FOR R2-R4, R7 & R8;
SMT. FARAH FATHIMA., ADVOCAT FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE G.O DATED 14.10.2024 (ANNEXURE-A)
BEARING NUMBER A KU KA 164 I MM 2024 AS ULTRA VIRES THE
POWERS CONFERRED UNDER REGULATION FRAMED BY PHARMACY
COUNCIL REGULATION OF INDIA AND THE SECTION 12 OF
PHARMACY COUNCIL ACT, 1948 AND ETC.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner in W.P.No.29824/2024 is before this Court seeking for the following reliefs:
a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India;
e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
AMENDED AS PER ORDER DATED 20.11.2024 f. Issue a writ of certiorari quashing the government order dated 15.11.2024 (ANNEXURE) passed by Respondent No.3 as it is violative of articles 14,16 & 21 of the Constitution of India.
2. The Petitioner in W.P.No.29903/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India;
e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
3. The Petitioner in W.P.No.29905/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 issued by R3 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India;
e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
4. The Petitioner in W.P.No.29916/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 issued by R3 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India Annexure-G & H. e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
5. The Petitioner in W.P.No.29919/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India;
e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
6. The Petitioner W.P.No.29921/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 issued by R3 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India.
e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
7. The Petitioner in W.P.No.29922/2024 is before this Court seeking for the following reliefs:
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU KA 164 I MM 2024 issued by R3 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India Annexure-G & H. e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
8. The Petitioner in W.P.No.29924/2024 is before this Court seeking for the following reliefs:
a. Issue a writ of certiorari quash the G.O. dated 14.10.2024 (ANNEXURE A) bearing number A KU
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS KA 164 I MM 2024 issued by R3 as ultra vires the powers conferred under Regulation framed by Pharmacy Council Regulation of India (ANNEXURE E) and the Section 12 of Pharmacy Council Act, 1948;
b. Declare that the conduct of examination being divested from the Board of Examination Authority constituted Rules dated 08.01.1978 (ANNEXURE E) to the Rajiv Gandhi University as without the Authority of Law and ultra vires the powers conferred under the Act and the Rules and therefore, the G.O. dated 14.10.2024 (ANNEXURE A) is unenforceable;
c. Issue a writ of mandamus directing the respondents to continue the Board of Examining Authority constituted by the State Government as specified by the Pharmacy Council Regulations and as per the Notification of Calendar of events dated 08.05.2024(ANNEXURE F) and pass any appropriate direction or order during the pendency of the petition;
d. Declare that the change of policy at the instance of an undersecretary in violation of the Karnataka Government (Transaction of Business) Rules, 1997 and the Karnataka Government Secretariat Manual of Office Procedure, 2005 of the Head of the Department, cannot be treated as a valid Government Order and the same may be declared as arbitrary and violative of Article 14 of the Constitution of India Annexure-G & H. e. Pass any appropriate direction or order as deems fit in the facts and circumstances of the case.
9. Grievance of the petitioners initially was that examination cannot be conducted by the Rajiv Gandhi University of Health Science [RGUHS] but has to be
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS conducted by the Board of Examination Authority of Pharmacy, that being the authorized agency and as such, once the Board were to fix the schedule of dates, examination would be conducted at the premises of the respective colleges of the petitioners.
10. The objection taken in relation thereto by the State under whom the Board falls under is that the State this time wants to conduct the examination in a place which has all the facilities including that of CCTV cameras and other requirements to enable monitoring of examination and after the examination is over, if required, facility to digitize the answer scripts by way of scanning so as to enable online faceless evaluation, online anonymous evaluation, so as to maintain transparency in the process.
11. Though initially Sri.V.Lakshminarayan, learned Senior Counsel had submitted that the colleges were not agreeable for the same, but today a submission is made that if the examination could be conducted in a timebound manner, the petitioner-colleges would be agreeable for the same and would assist and cooperate
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS with the State, as also the RGUHS in conducting the examination in a speedy manner.
12. In that view of the matter, Sri.Reuben Jacob, learned Additional Advocate General and Ms. Farah Fatima, counsel for the RUHS, jointly submit that the examination will commence from 15.01.2025 and would be endeavored to be completed by 21.01.2025 when the results endeavored to be declared by the end of February. The question papers, model/key answers will be provided by the Board. The examination being conducted at the examination centres of RGUHS in terms of the Government Order dated 15.11.2024.
13. It is submitted that the Petitioners are not entitled for any relief as sought in the Writ Petition and the Writ Petition is not maintainable either on law or on facts.
Hence, the Writ Petition is liable to be dismissed in limine.
14. It is submitted that in view of G.O. dated 15.11.2024 the Board of Examining Authority (BEA) will call for applications, issue of hall tickets, sets question papers, announce the examination dates and identify the
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS valuators and the BEA will issue marks card and certificates of the students.
15. It is submitted that Rajiv Gandhi University of Health Sciences (RGUHS) has well established examination centers all over the Karnataka state with high resolution CCTV camera. They have sophisticated provision of live web screaming monitors with very high resolution.
Authorities can view examination halls by sitting in a live web screaming hall. Further, they have facility of scanning of answer booklets at the examining centers (peripheral scanning) on the day of each theory examinations. Answer booklets are scanned at the examination centers. Scanned booklets will be evaluated online by the valuators identified by Board of Examining Authority (BEA). All the work will be done under the supervision of Board of examining authority.
16. It is submitted that the all the documents pertaining to valuation and computation of marks will be done by Board of Examining Authority itself. For all the work Board of Examining Authority, will take up the technical
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS suggestions/guidance wherever necessary for the RGUHS.
17. Further Board of Examining Authority will also conducts practical examinations at identified centers and issue the Marks cards and certificates.
18. It is submitted that RGUHS will be hastening the process by giving examination halls, web screaming facility pertained to theory examinations.
19. It is submitted that the High resolution CCTV cameras and live web screaming equipped at examination centers will minimize malpractices and uniform control will be there at all the centers.
20. Needless to say, since the venue of the examination the facilities for the examination have been identified with regard to the RGUHS at the instance of the Board, it is the Board which should be liable to incur all expenses relating to the exams.
21. Further needless to say, that apart from the above as regards the any other issues with the Regulations of the Board it should be applicable.
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NC: 2024:KHC:50103 WP No. 29824 of 2024 C/W WP No. 29903 of 2024 WP No. 29905 of 2024 AND 5 OTHERS
22. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 7