- 1 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200086 OF 2025 (EDN-AD) BETWEEN: THE CAMBRIDGE COLLEGE OF PHARMACY, BIDAR, JOURNALIST COLONY, BESIDE URBAN BANK, HYD. ROAD, BIDAR-585401. REPRESENTED BY ITS PRINCIPAL. …PETITIONER (BY SMT. HEMA L. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER OF FOOD SAFETY, PUBLIC HEALTH INSTITUTE, SHESHADRI ROAD, BANGALURU-01. 3. THE MEMBER SECRETARY, BOARD OF EXAMINING AUTHORITY, BENGALURU (D.PHARM) DRUGS CONTROL DEPARTMENT, Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 C/O GOVERNMENT COLLEGE OF PHARMACY, No.2, 3RD FLOOR, P.KALINGARAO ROAD, SUBBAIAH CIRCLE, BANGALURU-27. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO ISSUE REGISTRATION NUMBERS TO THE STUDENTS FROM SERIAL NO.1 TO 39 OF THE PETITIONER’S COLLEGE WHO ARE STUDYING IN D-PHARMA 1ST YEAR FOR THE ACADEMIC YEAR 2023-24 AS PER ANNEXURE-B BY CONSIDERING THE REPRESENTATION DATED 09.09.2024 AT ANNEXURE-G, WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 09.09.2024 AND 03.01.2025 AT ANNEXURE-G AND H. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioner is a College which is offering the course of Diploma in Pharmacy and is duly recognized by the respondents. It admitted 40 students for the academic year to 2023-24 as detailed in the list produced at - 3 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 Annexure-B to the writ petition. However, there was a delay in submission of the necessary records regarding the students to respondent No.3 and also there was a delay in payment of necessary fee to the State. Consequently, the respondent No.3 has not granted the registration numbers to the students admitted by the petitioner-College. Hence, the petitioner-College made a representation to respondent No.3 to grant registration numbers to the students and permit them to appear in the examination. However, as the same was not considered, this writ petition has been filed with the following prayers. i) Writ of mandamus directing the respondent No.3 to issue registration numbers to the students from serial No. 1 to 39 of the petitioner’s college who are studying in D-Pharma 1st year for the academic year 2023-24 as per annexure-b by considering the representation dated 09.09.2024 at Annexure-G. ii) Writ of mandamus directing the respondent No.2 and 3 to consider the representation dated 09.09.2024 and 03.01.2025 at Annexures-G and H. - 4 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 2. On 13.01.2025, the following interim order has been passed by this Court: “Learned Additional Government Advocate is directed to accept notice for respondent Nos.1 to 3. In view of the contention of the learned counsel for the petitioner that the petitioner was always ready for verification of the documents of the students admitted for the year 2023-24 and in view of her submission that examinations to the D-Pharma first year is scheduled on 15.01.2025, respondent No.3 is directed to permit the students of the petitioner as mentioned in Annexure – B to the writ petition to face the examinations scheduled on 15.01.2025. Result of examinations shall however not be announced but is subject to the outcome of this petition. In the meanwhile, petitioner shall appear before respondent No.3 on 24.01.2025 for verification. - 5 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 It is made clear that if the petitioner fails to appear before respondent No.3 and satisfy respondent No.3 about the documents of students admitted in the year 2023-24, this writ petition shall be disposed off in accordance with law. Learned Additional Government Advocate is directed to intimate respondent No.3 about this order to take necessary steps to enable the students of the petitioner to face examinations.” 3. During the course of the arguments the learned counsel for the petitioner has submitted that though 40 students were admitted to the College, only 39 students submitted the necessary documents and the student at serial No.40 in Annexure-B to the writ petition did not do so. Hence, the prayer is limited to 39 students from serial Nos.1 to 39 in Annexure-B to the writ petition. 4. The learned Additional Government Advocate upon instructions submits that subsequent to filing of the writ petition, the details of the students have been verified and the students listed at Serial Nos.1 to 39 are found - 6 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 eligible to be admitted to the course of D-Pharma. It is also submitted that the necessary fee has been paid by the College, though belatedly. 5. It is submitted by both the petitioner and respondents that subsequent to the interim orders of this Court, 39 students have been permitted to write the first year examination and their results are not announced as the writ petition is still pending. 6. Admittedly, petitioner-College has been accorded necessary permission to offer D-Pharma course. Petitioner-College has admitted students at serial Nos.1 to 39 as per Annexure-B to the writ petition for the academic year 2023-24. However, there has been a delay by the petitioner-College in submitting the necessary documents to respondent No.3 and also in paying the necessary fee. However, the same has been complied with and the documents of the students are found to be in order and they have also been permitted to write first year examination pursuant to the orders of this Court. - 7 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 7. Under the said circumstances, I am of the opinion that interest of justice would be met if The admission of the students are regularized subject to payment of any late fee, if any that may be imposed by respondent No.3 on the petitioner-College. 8. Hence, the following: ORDER i. Writ petition is allowed. ii. Respondent No.3 is directed to issue registration numbers to the students of the petitioner’s-College at serial Nos.1 to 39 at Annexure-B to the writ petition, if already not issued, and approve their admission for D-Pharma course for the academic year 2023-24. iii. The results of the aforementioned students for the first year D-Pharma course shall be declared. - 8 - HC-KAR NC: 2025:KHC-K:3498 WP No. 200086 of 2025 iv. The petitioner shall pay cost of Rs.1,00,000/- (Rupees One lakh only) respondent No.3 for the delay committed by it in submitting the list of students and making a delayed payment of the necessary fee. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 25 CT:SI