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, - 2 - 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 - 3 - 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 - 4 - 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. - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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