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2025 DAILYLAW 33503 (KAR)

SHRI. CHAITHANYA S SIMHA, v. RAMAIAH UNIVERSITY OF APPLIED SCIENCES

WP/25796/2024 · 2025-02-01

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:4655 WP No. 25796 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25796 OF 2024 (EDN-RES) BETWEEN: SHRI. CHAITHANYA S SIMHA, SON OF 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. S. SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. RAMAIAH UNIVERSITY OF APPLIED SCIENCES, GNANAGANGOTHRI CAMPUS, NEW BEL ROAD, M.S. RAMAIAH NAGAR, BENGALURU-560 054, REPRESENTED BY ITS REGISTRAR. 2. RAMAIAH UNIVERSITY OF APPLIED SCIENCES, FACULTY OF PHARMACY, GNANAGANGOTHRI CAMPUS, NEW BEL ROAD, M.S. RAMAIAH ROAD, BENGALURU-560 054, REPRESENTED BY ITS DEAN. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4655 WP No. 25796 of 2024 3. PHARMACY COUNCIL OF INDIA N.B.C.C. CENTRE, III FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAI MARG, OKHLA PHASE-I, NEW DELHI-110 020, REP BY ITS SECRETARY. …RESPONDENTS (BY SRI. P.S. RAJGOPAL, SENIOR ADVOCATE FOR SRI. AMRUTHESH C., ADVOCATE FOR R1 AND R2; SRI. S.S. HAVERI, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONDUCT REVALUATION OF THE PETITIONERS PHARACOTHERAPEUTICS - I (THEORY) ANSWER SHEET AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner seeks for the following prayers; "Wherefore, it is prayed that this Hon'ble Court be pleased to issue an appropriate Writ, order or direction and: - 3 - NC: 2025:KHC:4655 WP No. 25796 of 2024 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 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 2024-2026; - 4 - NC: 2025:KHC:4655 WP No. 25796 of 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 xi) Pass such other orders or directions as this Hon'ble Court may deem fit in the facts and circumstances of the case." 2. Respondent Nos.1 and 2 files memo, 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 - 5 - NC: 2025:KHC:4655 WP No. 25796 of 2024 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.” 3. The memo is taken on record. 4. The memo states that respondent No.1 - University has decided to grant revaluation of Pharmacotherapeutics-I theory paper of the 2nd year Pharm-D, supplementary examination conducted in May - 2024. Further, respondent No.1 - University undertake to regulate the entitlement of the petitioner for the 4th year Pharm-D based on the result of the revaluation. 5. The grievance of the petitioner is meted in light of the memo of undertaking given by the respondent Nos.1 and 2 - 6 - NC: 2025:KHC:4655 WP No. 25796 of 2024 and this Court deems it appropriate to dispose of the writ petition in terms of the memo. 6. Respondent No.1 - University to revaluate the paper of Pharmacotherapeutics-I theory of petitioner 2nd year Pharm-D Course conducted in May - 2024, on the petitioner submitting application for revaluation with requisite formalities to respondent No.2 within one week from the date of receipt of this order, on such filing of application respondent No.1 - University to conduct the revaluation within a period of one week and announce the results thereafter within one week. 7. Subject to the result of the revaluation, respondent No.1 - University would regulate the entitlement of the petitioner for going to the 4th year Pharm-D. 8. It is made clear that this order is passed in peculiar facts and circumstances of the case and would not be treated as a precedent. 9. Till the revaluation and announcement of the result of revaluation, the interim order granted by this Court would continue. - 7 - NC: 2025:KHC:4655 WP No. 25796 of 2024 10. The efforts made by the learned Senior Counsel Sri P.S.Rajgopal along with Sri Amrutesh C., learned counsel for respondent No.1 - University is appreciated and placed on record. Sd/- JUSTICE K.S. HEMALEKHA IN List No.: 1 Sl No.: 37 CT:SNN