- 1 - NC: 2025:KHC:14669 WP No. 9969 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9969 OF 2025 (EDN-RES) BETWEEN: UMASHANKAR B M S/O LATE A.MAHADEVAIAH, AGED ABOUT 49 YEARS, R/AT: 'BELLI NILAYA',1ST CROSS, ST. MARY'S SCHOOL ROAD, GANDHINAGAR, TUMKUR 572 101. …PETITIONER (BY SRI. VASU K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE MEMBER SECRETARY, DRUG CONTROL DEPARTMENT, BOARD OF EXAMINING AUTHORITY, GOVERNMENT PHARMACY COLLEGE, P.KALINGA RAO ROAD, SUBBAIAH CIRCLE, BANGALORE - 560 027. 3. THE PRINCIPAL SREE KRISHNA COLLEGE OF PHARMACY, BATAWADI, TUMAKURU 572 106. REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14669 WP No. 9969 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS DIRECTION, DIRECTING THE RESPONDENT NO.2 TO AWARD GRACE MARKS OF 3 TO THE PETITIONER AS PER THE ANNEXURE-A REPRESENTATION DATED 15.10.2024 AND THEREBY PERMIT THE PETITIONER HEREIN TO PASS THE EXAMINATION HELD IN MARCH 2024 IN RESPECT OF SUBJECT OF PHARMACEUTICAL CHEMISTRY II IN 2 YEAR DIPLOMA IN PHARMACY COURSE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: " i. To issue a writ of mandamus, in the nature of Order or direction, directing the Respondent No.2 to award grace marks of 3 to the Petitioner as per the Annexure-A representation dated 15.10.2024 and thereby permit the Petitioner herein to pass the examination held in March 2024 in respect of subject of Pharmaceutical Chemistry II in 2 Year Diploma in Pharmacy Course, in the interest of justice and equity. ii. To grant such other relief as this Hon'ble Court may be pleased to deem fit to grant in the circumstances of the case to meet the ends of justice and equity." 2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record. - 3 - NC: 2025:KHC:14669 WP No. 9969 of 2025 3. Learned counsel for the petitioner submits that necessary directions may be issued to respondent No.3 to consider the representation of the petitioner to award 3 marks in the Pharmaceutical Chemistry subject in the D-Pharma examination and dispose of the present petition. 4. Per contra, learned AGA for the respondents submit that in the absence of any Regulations, Rules etc., which permit awarding/granting of grace marks in favour of the petitioner, the question of issuing directions to consider the representation does not arise especially in the light of the judgment of the Hon'ble Apex Court in the case of Bhanu Pratap vs. State of Haryana & others – (2011) 15 SCC 304. 5. In view of the aforesaid facts and circumstances and in absence of Regulations, Rules etc., and in view of the aforesaid judgments, I do not find any merit in the petition and the same is liable to be dismissed. 6. Accordingly, the petition is dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BK/SRL