BANGALORE CITY COLLEGE OF PHARMACY v. THE STATE OF KARNATAKA
WP/7801/2025 · 2025-12-15
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86136 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86136 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7801 OF 2025 (EDN-RES) BETWEEN:
BANGALORE CITY COLLEGE OF PHARMACY NO. 59/1, KANNUR, HENNUR MAIN ROAD, BENGALURU – 562 149, BY ITS PRINCIPAL SRI MOHD. ABDUL SAJID, S/O MOHD. ABDUL BARI, AGED ABOUT 50 YEARS. …PETITIONER (BY SRI. NITIN A. M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY SECRETARY, BENGALURU – 560 001
2.
PHARMACY COUNCIL OF INDIA, THROUGH ITS REGISTER-CUM-SECRETARY, 1-300, 3RD FLOOR, TOWER-1, WORLD TRADE CENTER, NAVROJI NAGAR, NEW DELHI – 110 029
3.
THE SECRETARY, PHARMACY COUNCIL OF KARNATAKA, VIJAYANAGAR, BENGALURU – 560 040
4.
BOARD OF EXAMINATION AUTHORITY, REPRESENTED BY ITS MEMBER SECRETARY, (D PHARMACY), 3RD FLOOR, GOVT. COLLEGE PHARMACY,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
SUBBAIAH CIRCLE, DR. KALINGA ROAD, BENGALURU – 560 026. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R4;
SRI. S. . HAVERI, ADVOCATE FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS, MAY KINDLY BE PLEASED TO QUASH THE IMPUGNED
ORDER BEARING NO.EC420, DATED 09-12-2024, PRODUCED AT ANNEXURE-M ISSUED BY THE 2ND RESPONDENT, REJECTING THE APPROVAL FOR THE YEAR 2024-25, BY ISSUING A WRIT OF CERTIORARI AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs and interim reliefs:-
“PRAYER (i) To quash the impugned Order bearing No.EC420, dated 09.12.2024, produced at Annexure-‘M’ issued by the 2nd Respondent, rejecting the approval for the year 2024-25, by issuing a writ of certiorari. (ii) Direct the respondents to grant the approval for the year 2024-25 by issuing a writ of mandamus; (iii) Issue such other writ, order or directions as this Honourable Court may deem fit in the circumstances of the case.”
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
INTERIM PRAYER
Pending disposal of the above writ petition, petitioner prays that this Hon’ble Court may kindly be pleased to stay all further proceedings pursuant to the impugned Order bearing No.EC420, dated 09-12-2024, produced at Annexure-‘M’ issued by the 2nd respondent and issue directions to the respondents to permit the petitioners to admit the students to 1st year D. Pharma for the year 2024- 25.”
2. Heard learned counsel for the petitioner, learned HCGP for respondent Nos.1 and 4 and learned counsel for respondent Nos.2 and 3 and perused the material on record.
3. When the matter came up before this Court on 17.03.2025, this Court passed the following interim order:
“Sri. S.S. Haveri, learned counsel is directed to accept notice for respondent Nos.2 and 3.
Learned AGA is directed to accept notice for respondent Nos.1 and 4. Under identical circumstances, in relation to the Oriental College of Pharmacy, the Co-ordinate Bench of this Court in W.P.No.200467/2025 passed an interim
order dated 20.02.2025, which reads as under:
“Sri. S.S.Haveri is directed to accept notice for respondent No.1.
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
Learned Additional Government Advocate is
directed to accept notice for respondent Nos.2 and 3. Pending consideration of the writ petition, the petitioner is permitted to admit students for the academic year 2024 – 2025 for the 1st year of D-Pharmacy course. However, this is subject to outcome of this writ petition. In the meanwhile, the respondent No.1 is directed to report whether the petitioner has complied the observations made by the respondent No.1 at its E.C.Meeting dated 30.09.2024.” In view of the aforesaid facts and circumstances and the interim order passed under identical circumstances by this Court referred to supra, there shall be an interim order of stay as prayed for by the petitioner in the present petition till the next date of hearing. Office objections to be complied with by the next date of hearing.
Re-list on 24.03.2025. Hand delivery of this order is permitted.”
4.
Learned counsel for the petitioner has filed a memo enclosing the following documents: a. Copy of the Decision Letter Dr. issued by Respondent No.2 Dt. 30.09.2025. b. Copy of the interim order passed by the Hon’ble High Court of Karnataka in W.P.No.7801/2025. c. Copy of the E-mail Representation sent by the Petitioner to Respondent No.2. Dt. 30.06.2025. d. Copy of the E-mail Representation sent by the Petitioner to Respondent No.2. Dt.18-09-2025.
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
e. Copy of the letter issued by the Petitioner to Respondent 4 and Food Safety and Drug Administration Department Dt. 04.10.2025. f. Copy of the letter issued by the Petitioner to the Food Safety and Drug Administration Department dt.
03.11.2025. The Petitioner hereby prays to this Hon’ble Court that this memo may be considered in the interest of justice and equity.”
5. As can be seen from the documents produced by the petitioner, respondents have granted approval in favour of the petitioner-Institution up to the academic year 2025-26. Under these circumstances, I deem it just and appropriate to dispose of this petition by quashing the impugned order dated 09.12.2024, vide Annexure-M, under which approval for the year 2024-25 has been rejected by the respondents.
6. In the result, I pass the following:
ORDER (i) The petition is allowed in view of extention of approval in favour of the petitioner-Institution up to the academic year 2025-26.
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HC-KAR NC: 2025:KHC:53304 WP No. 7801 of 2025
(ii) The impugned order at Annexure-M dated 09.12.2024 issued by respondent No.2 is hereby quashed. (iii) The respondents are directed to open the website/portal and permit the petitioner/students to upload the details of the students and also permit the students of the petitioner/Institution to attend the ensuing examination for the academic year 2025-26, immediately, within any delay.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 3 Sl No.: 6