- 1 - NC: 2025:KHC:16978 WP No. 12189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.12189 OF 2025 (EDN-RES) BETWEEN: PRIYADARSHINI COLLEGE OF PHARMACY, REPRESENTED BY ITS PRINCIPAL, NEAR GOVT. FIRST GRADE COLLEGE, MADHUGIRI – TUMKUR MAIN ROAD, KORATAGERE, TUMKURU DIST. – 572 129. …PETITIONER (BY SRI. ABHISHEK ARUNKUMAR HAPPALI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, NO.105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU – 560 001. 2. BOARD OF EXAMINING AUTHORITY FOOD SAFTETY AND DRUG ADMINISTRATION REP. BY CHAIRMAN, III FLOOR, NO.2 GOVT. COLLEGE OF PHARMACY BUILDING P KALINGRAO ROAD SUBBAIAH CIRCLE BENGALURU – 560 027 3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA REP. BY ITS REGISTRAR, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA FOR R1 & R2; SMT. MAMATHA G. KULKARNI, ADV. FOR R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16978 WP No. 12189 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LIST OF THEORY EXAMINATION CENTRES FOR THE EXAMINATIONS OF THE COURSES OF (M.PHARMA, B.PHARMA, AND D.PHARMA) APRIL/MAY 2025 DATED 15.04.2025 BEARING NO.NIL ISSUED BY THE 3RD RESPONDENT UNIVERSITY VIDE ANNEXURE-A IN SO FAR AS THE PETITIONER COLLEGE IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. 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 the following reliefs: “(i) Issue a Writ of Certiorari or such other appropriate Writ or order or Directions to quash the impugned list of Theory Examination Centers for the Examinations of the Courses of (M.Pharma, B.Pharma, and D.Pharma) April/May 2025 dated 15/04/2025 bearing No.Nil issued by the 3rd respondent University vide Annexure-‘A’ in so far as the petitioner college is concerned, in the interest of justice and equity. (ii) Issue a Writ of Mandamus or Order or Directions directing the 3rd respondent University to consider representation dated 19.04.2025 submitted by the petitioner vide Annexure-‘F’ and permit the petitioner college to function as Theory Examination Centre for the ensuing examinations scheduled to be held from 25/04/2025 as has been done in the - 3 - NC: 2025:KHC:16978 WP No. 12189 of 2025 previous theory Examinations, in the interest of justice and equity. (iii) Issue such other writ or order or direction as deemed fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA and learned counsel for the respondents and perused the material on record. 3. Learned counsel for the petitioner submits that despite respondent No.3 – University purporting to initiate enquiry proceedings as against the petitioner, the same did not culminate in any order as against the petitioner, despite which, respondent No.3 has published a list of Theory Examination Centres for the examinations of the courses of M.Pharma, B.Pharma and D.Pharma during April / May 2025 vide Annexure – A by excluding petitioner from the examination centres notified in the said list and as such, the same deserves to be quashed and necessary directions are to be issued to respondent No.3 to consider the petitioner’s representation at Annexure – F dated 19.04.2025 and to take appropriate decision in accordance with law. - 4 - NC: 2025:KHC:16978 WP No. 12189 of 2025 4. Per contra, learned counsel for respondent No.3 would reiterate the various contentions urged in the statement of objections and submits that necessary infrastructural facilities comprising of mobilized scanners, manpower, scripts, providing of QP trial link, etc., have already been completed by respondent No.3 for the examination scheduled to commence from 25.04.2025 and as such, it is not possible to include the name of the petitioner institution as Examination Centre for the examination commencing from 25.04.2025. It is however submitted that respondent No.3 would consider the representation submitted by the petitioner and take appropriate decision / pass appropriate orders in accordance with law for the purpose of notifying the petitioner – institution as examination centre for the next examination scheduled to commence during October – November, 2025. 5. In view of aforesaid facts and circumstances and the submissions made by both sides, petition stands disposed of directing respondent No.3 to consider the representation submitted by the petitioner and take appropriate decision / pass appropriate orders, in accordance with law, for the purpose of notifying the petitioner – institution as examination centre for the next examination scheduled to commence during October – November, - 5 - NC: 2025:KHC:16978 WP No. 12189 of 2025 2025, within a period of two months from today. In order to facilitate consideration of the petitioner’s representation, petitioner shall appear before respondent Nos.3 and 4 on 19.05.2025 at 11.00 A.M. pursuant to which the respondents shall consider and take appropriate decision / pass appropriate orders on the petitioner’s representation / request, in accordance with law after providing reasonable and sufficient opportunity to both parties and hear them. 6. Liberty is reserved in favour of the petitioner to file its reply, pleadings, documents, etc., before respondents, who shall consider the same and pass appropriate orders, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 4