- 1 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27784 OF 2024 (EDN-RES) BETWEEN: 1. MS. CHAITRASHREE.C D/O CHANDRA R, AGED ABOUT 31 YEARS, UNI REG NO.12P4458 R/O YOGESHWARA NILAYA, S N NAGAR, I CROSS, SAGARA, SHIVAMOGGA-577401. 2. MR. RAVI SHANKAR D C S/O CHANDRAPPA, AGED ABOUT 39 YEARS, UNI REG NO.08P5257 R/O BHARATHIUPURA, THIRTHAHALLI TALUK, SHIVAMOGGA-577401. 3. MR. MOHAMED SHAFI P S/O MR. IBRAHIM, AGED ABOUT 30 YEARS, UNI REG NO.13P9250 R/O PARAMBAT (H) PONMUNDAM PO, VAILATHUR, KERALA-676106. …PETITIONERS (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560070 REPRESENTED BY ITS REGISTRAR. 2. PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3RD FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMANI MARG, OKHLA PHASE-I, NEW DELHI-110020 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR R1; SRI. S.S. HAVERI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, THAT THE ACTION OF THE RESPONDENT UNIVERSITY IN NOT PERMITTING THE PETITIONERS ADMITTED TO THE B.PHARM COURSE PRIOR TO THE ACADEMIC YEAR 2016-17 TO AVAIL ADDITIONAL ATTEMPTS TO CLEAR THE BACKLOG SUBJECTS OF THE B.PHARM COURSE IS ARBITRARY AND ILLEGAL; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners have sought for declaration that, the action of the respondent- University in not permitting the petitioners to admit to the B-Pharm course prior to the academic year 2016-17 to avail additional attempts to clear backlog subjects of B-Pharm course is arbitrary. The petitioners have also sought a direction restraining the respondent no.1 -University from limiting the number of examination attempts to clear backlogs of such students. 2. I have heard Sri. Abhishek Malipatil, learned counsel appearing for the petitioners; Sri. B. S. Sachin, learned counsel appearing for respondent No.1 and Sri. S.S. Haveri, learned counsel appearing for the respondent No.2. - 4 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 3. Sri. Abhishek Malipatil, learned counsel for the petitioner submitted that the petitioners herein, have admitted to B.Pharm course for the Academic Year 2008-09 to 2012-13. It is also argued that, as the petitioners have admitted to B-Pharm prior to Academic Year 2016-17 and therefore, Bachelor of Pharmacy Course Regulations, 2014 issued by the respondent No.2 as per Annexure-C and the Notification dated 16.12.2020 (Annexure-F) cannot be made applicable to the petitioners as these notifications have been made to implement for the Batch of students, who were admitted to the B.Pharm course, after 2016-17 and therefore, he contended that, limiting the number of attempts by the respondent no.1 -University to the petitioners herein is contrary to law and accordingly, sought for interference of this Court. - 5 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 4. Sri. B.S. Sachin, learned counsel appearing for the respondent no.1 -University invited the attention of the court to the Notification at Annexure-F and contended that, the said notification has been implemented for the B-Pharm Batch 2016-17 onwards, and further, invited the attention of court to the order dated 17.09.2024 in W.P.No.13743 of 2024 (Annexure-R2) and submitted by referring to paragraph 4 that, this court has granted one time measure relief without making precedent of the said order to the petitioners therein to appear for the examination and the petitioner No.1 in this petition is also the petitioner No.1 in W.P.No.13743 of 2024 (Annexure-R2) and therefore, sought for dismissal of the writ petition. 5. Emphasizing on these aspects, he argued by referring to amended notification dated 10.05.2022 (Annexure-R1) wherein, benefit of two more - 6 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 consecutive examination was availed by the students those who had admitted prior 2016-17 and therefore, sought for dismissal of the writ petition. 6. Sri. S. S. Haveri, learned counsel for the respondent No.2, sought to justify the impugned Notification dated 10.12.2014 (Annexure-B), and accordingly, sought for dismissal of the writ petition. 7. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the petitioners herein were admitted to B- Pharm course prior to Academic Year 2016-17. On careful examination of Annexure-B, notification dated 10.12.2014 issued by the respondent No.2 herein would indicate that, the said notification shall come into effect from the Academic Year 2016-17. Duration of the program is also enumerated at Sl No.3 (Chapter II) in the Regulations. In the backdrop of these - 7 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 aspects, the respondent no.1 -University has issued Notification dated 16.12.2020 (Annexure-F), wherein, it is clearly stated that the year of implementation of the said notification is from the batch 2016-17 and therefore, the respondents herein cannot apply the notification at Annexures-B and F to the petitioners herein who were admitted prior to 2016-17 and in this regard, I find force in the submission made by the learned counsel for the petitioners and as such, respondents are directed to apply the relevant notification /regulations, if any, which was prevailing before the Academic Year 2016-17 to the petitioners herein. Accordingly, the writ petition is allowed; 8. It is made clear that, this court by order dated 24.04.2025, permitted the petitioners to appear for the B.Pharm examinations held in April 2025, commencing from 25.04.2025, pursuant to the Notification dated 20.02.2025. Therefore the - 8 - HC-KAR NC: 2025:KHC:25360 WP No. 27784 of 2024 respondent no.1-University is now directed to announce the results of the petitioners forthwith. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 67