- 1 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32779 OF 2025 (EDN-RES) BETWEEN: S. S. COLLEGE OF PHARMACY, NO.72 AND 73, 3RD CROSS, MUNESHWARA TEMPLE ROAD, HOODI LAYOUT, AMRUTHAHALLI, BENGALURU-560 092. REPRESENTED BY ITS PRINCIPAL, DR. PRAVEEN KUMAR SINGH, AGED 50 YEARS, …PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT NO.341, VIDHANA SOUDHA BENGALURU-560 001. REP. BY ITS SECRETARY. 2. BOARD OF EXAMINING AUTHORITY, DRUGS CONTROL DEPARTMENT, GOVERNMENT OF KARNATAKA, (FOOD SAFETY AND DRUG ADMINISTRATION), C/O GOVERNMENT COLLEGE OF PHARMACY, SUBBAIAH CIRCLE, P. KALINGA RAO ROAD, BENGALURU-560 027. BY ITS MEMBER SECRETARY. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 3. THE PHARMACY COUNCIL OF INDIA COMBINED COUNCILS BUILDING KOTLA ROAD, ALWAN-E-GHALIB MARG, POST BOC, NO.7020, NEW DELHI, REPRESENTED BY ITS SECRETARY. 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041 REP BY ITS REGISTAR. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 AND R2; SRI. S.S. HAVERI, ADVOCATE FOR R3; SMT. MAMATHA KULKARNI, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARING THAT THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS) HAS NO AUTHORITY OR JURISDICTION UNDER THE PHARMACY ACT, 1948 OR THE PHARMACY EDUCATION REGULATIONS, 2020 TO CONDUCT DIPLOMA IN PHARMACY (D.PHARM) EXAMINATIONS, AND THAT THE BOARD OF EXAMINING AUTHORITY (BEA) ALONE IS THE COMPETENT EXAMINING BODY FOR SUCH COURSES IN THE STATE OF KARNATAKA 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 - 3 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 ORAL ORDER In this petition petitioner seeks the following reliefs: i) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the Rajiv Gandhi University of Health Sciences (RGUHS) has no authority or jurisdiction under the Pharmacy Act, 1948 or the Pharmacy Education Regulations, 2020 to conduct Diploma in Pharmacy (D.Pharm) examinations, and that the Board of Examining Authority (BEA) alone is the competent examining body for such courses in the State of Karnataka; ii) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the Government Order dated 15.11.2024 No. vide Annexure-C does not authorize RGUHS to conduct D.Pharm examinations independently but only permits it to extend technical and infrastructural assistance to the BEA; iii) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents in assigning examination centers exclusively to RGUHS-affiliated colleges and in denying the petitioner institution a home examination center, as being arbitrary, discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution of India; iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to assign the petitioner institution as a home examination center for its students, considering its past record, infrastructure, and compliance with all regulatory requirements; v) Pass such other and further orders or directions as this Hon'ble Court may deem fit in the interest and equity. - 4 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 2. Heard learned counsel for the petitioner, learned HCGP for respondent Nos.1 and 2, Sri.S.S.Haveri, learned counsel for respondent No.3 and Smt.Mamatha Kulkarni, learned counsel for respondent No.4. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that despite submission of several representations commencing from Annexures-E and E1 dated 12.12.2024 issued by the petitioner to respondent Nos.1 and 2 - State and Board, the respondent Nos.1 and 2 are not taking any steps to permit the petitioner to continue to function as a home examination center for the purpose of conducting Diploma in Pharmacy (D.Pharm) Examination and as such the petitioner is before this Court seeking appropriate directions to respondent Nos.1 and 2 in this regard and without reference to Annexure-D i.e., the final order dated 04.12.2024 passed by this Court in W.P.No.29824/2024 and connected cases in the case of Sarang College of Pharmacy vs. Pharmacy Council of India and Others. - 5 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 4. Per contra, learned HCGP on instruction submits that if reasonable time is granted, the respondent Nos. 1 and 2 would consider the representation/request of the petitioner to continue to conduct D.Pharm examinations as a home examination center and take appropriate decision/pass appropriate orders before the conduct of the next examinations. 5. A perusal of the aforesaid order at Annexure-D, dated 04.12.2024 will indicate that the said order is not applicable to the petitioner which is a stand alone pharmacy institution not affiliated to respondent No.4 - RGUHS. 6. Under these circumstances, I deem it just and appropriate to dispose of this petition directing the respondent Nos.1 and 2 to consider the request of the petitioner to continue to function as a home center for D-Pharm examinations and take appropriate decisions/pass appropriate orders in this regard within a period of 2 weeks from the date of receipt of copy of this order and without reference to or placing reliance upon the final order of this Court in the case of Sarang College of Pharmacy in W.P.No.29824/2024 and - 6 - HC-KAR NC: 2025:KHC:44046 WP No. 32779 of 2025 connected matters dated 04.12.2024 and in accordance with law. Accordingly, the petition is disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 10