MS HANIEH MANSOORI v. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
WP/27044/2025 · 2025-09-17
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77218 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77218 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27044 OF 2025 (EDN-RES) C/W WRIT PETITION NO.27319 OF 2025 (EDN-RES)
IN WP No.27044/2025: BETWEEN:
1. MS. HANIEH MANSOORI D/O. MR. ABDOLHAMID AGED 32 YEARS UNI. REG. NO.12P1761 R/O. NO.71513 NIKOO HOME 1 BHARTIYA CITY, THANISANDRA BENGALURU – 560 077
2. MS. HANANEH MANSOORI D/O. MR. ABDOLHAMID AGED 28 YEARS UNI. REG. NO.12P1788 R/O. NO.71513 NIKOO HOME 1 BHARTIYA CITY, THANISANDRA BENGALURU – 560 077 …PETITIONERS (BY SRI ABHISHEK MALIPATIL., ADVOCATE) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
BENGALURU – 560 070 REPRESENTED BY ITS REGISTRAR
2. PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3RD FLOOR, PLOT NO.2 COMMUNITY CENTRE MAA ANANDAMAI MARG OKHLA PHASE-I NEW DELHI – 110 020 REPRESENTED BY ITS SECRETARY
3. VISVESWARAPURA INSTITUTE OF PHARMACEUTICAL SCIENCE BSK 2ND STAGE BENGALURU – 560 070 REPRESENTED BY ITS DEAN/PRINCIPAL …RESPONDENTS (BY SRI SACHIN B. S., ADVOCATE FOR R-1;
SRI S. S. HAVERI, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE ACTION OF THE RESPONDENT UNIVERSITY IN NOT PERMITTING THE PETITIONERS ADMITTED TO THE B.PHARM COURSE PRIOR TO THE ACADEMIC YEAR 2016-2017, TO AVAIL ADDITIONAL ATTEMPTS TO CLEAR THE BACKLOG SUBJECTS OF THE B.PHARM COURSE IS ARBITRARY AND ILLEGAL AND ETC. IN WP NO.27319/2025 BETWEEN:
MR. HASAN MANSOOR MAREED S/O. MR. NANSOOR AGED ABOUT 33 YEARS UNI. REG. NO.10P2614 R/O. NO.74, 4TH FLOOR 2ND CROSS, KAMMANAHALLI MAIN ROAD KAMMANAHALLI
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
BENGALURU – 560 084. ...PETITIONER (BY SRI ABHISHEK MALIPATIL, ADVOCATE) AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 070 REPRESENTED BY ITS REGISTRAR
2.
PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3RD FLOOR, PLOT NO.2 COMMUNITY CENTRE MAA ANANDAMAI MARG OKHLA PHASE-I NEW DELHI – 110 020 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI SACHIN B. S., ADVOCATE FOR R-1;
SRI S. S. HAVERI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE ACTION OF THE RESPONDENT UNIVERSITY IN NOT PERMITTING THE PETITIONER ADMITTED TO THE B.PHARM COURSE PRIOR TO THE ACADEMIC YEAR 2016-2017, TO AVAIL ADDITIONAL ATTEMPTS TO CLEAR THE BACKLOG SUBJECTS OF THE B.PHARM COURSE IS ARBITRARY AND ILLEGAL AND ETC. THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER The petitioners in W.P.No.27044/2025 are Iranian nationals, who had joined the respondent No.3 - institution for B.Pharm course from the academic year 2012-2013 and the petitioner in W.P.No.27319/2025, who had joined the respondent No.2 – institution for B.Pharma course from the academic year 2010-11, are before this Court seeking writ of mandamus directing the respondent university to permit the petitioners to take up the examinations of the failed subjects and complete the course. It is obvious that the petitioners have been informed that they will not be permitted to sit for the examination, since they joined the course in the year 2012-13 and 2010-11 respectively and they were not able to complete the course in double time of the duration of the course i.e., 4 + 4, 8 years.
2.
Learned counsel for the petitioners submits that the issue stands squarely covered by a recent decision of a
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
Co-ordinate bench of this Court in the case of Ms. Chaitrashree.C and others /vs/ Rajiv Gandhi University of Health Sciences and another in W.P.No.27784 of 2024 dated 10.07.2025. Learned counsel submits that the Co-ordinate bench took note of the notification at Annexure E dated 16.12.2020 issued by the respondent - University, clarifying the position regarding the duration of the course and permission for those students to sit in the examination and complete the course, having regard to the discussion held in the Syndicate of the University. It is pointed out that although it is true that by notification dated 19.09.2007 issued by the University regarding fixation of term for completion of the UG/PG courses at RGUHS, students were required to be informed that they should complete the course within the specified period. However, it was noticed that only a few Apex bodies prescribed the maximum duration for course completion and as a result, the Syndicate in its meeting had to take a decision to clarify the position and
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
accordingly the notification was issued on 16.12.2020 clarifying that B.Pharm course which was for a duration of 4 years was required to be completed within 8 years, however, the year of implementation was from batch 2016-17 onwards. This was taken note of by the Co- ordinate Bench and accordingly directions were issued to the University to permit the petitioners therein, who had entered the course between 2008-2009 to 2012-2013, as in the present case.
3.
Learned counsel Sri B.S.Sachin, appearing for the respondent - University submits that the petitioners in W.P.No.27044/2025 being Iranian nationals, have not appeared for any examination from 2019 to 2022 and petitioners in W.P.No.27319/2025 has not appeared for any examination from 2015 till date. The learned counsel would therefore submit that this Court should take note of such conduct of the petitioners and fix a time frame within which they should complete the course.
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HC-KAR NC: 2025:KHC:37139 WP No. 27044 of 2025 C/W WP No. 27319 of 2025
4. In the considered opinion of this Court, since the issue has already been decided by the co-ordinate bench of this Court, no further consideration of the same is required. Accordingly, the writ petition stands disposed of with a direction to the respondent - University to permit the petitioners herein to take up the examinations which would commence from 13.10.2025 and declare the results.
5. Insofar as the contention of the learned counsel for the respondent - University is concerned, the issue will be left open to be considered in an appropriate petition.
Sd/- (R DEVDAS) JUDGE
KLY/- CT:VC