- 1 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.32465 OF 2025 (EDN-RES) BETWEEN: P.A. COLLEGE OF PHARMACY NADUPADAV MONTEPADAV POST KAIRANGALA MANGALURU - 574 199 REPRESENTED BY ITS PRINCIPAL DR.SALEEMULLA KHAN S/O KHALEEMULLA KHAN AGED ABOUT 53 YEARS …PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE MEDICAL EDUCATION DEPARTMENT VIKAS SOUDHA BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. DIRECTORATE OF MEDICAL EDUCATION BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING), 1ST FLOOR K.R.ROAD, BENGALURU-560 002 BY ITS DIRECTOR Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU-560 041 REP. BY ITS REGISTRAR 4. PHARMACY COUNCIL OF INDIA N.B.C.C. CENTRE 3RD FLOOR, PLOT NO.2 COMMUNITY CENTRE MAA ANANDAMAI MARG OKHLA PHASE-1, NEW DELHI-110020 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1 AND R.2; SRI.SAI PRAKASH, ADVOCATE FOR R.3; SRI.S.S.HAVERI, ADVOCATE FOR R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING RESPONDENT NOS.1 AND 2 TO FORTHWITH GRANT PERMISSION TO THE PETITIONER-INSTITUTION TO START AND ADMIT STUDENTS TO THE PHARM.D (30 SEATS) COURSE FROM THE ACADEMIC YEAR 2025-26 ONWARDS, IN VIEW OF THE APPROVAL GRANTED BY THE PHARMACY COUNCIL OF INDIA (PCI) DATED 12.11.2024 VIDE ANNEXURE-F AND THE RECOMMENDATIONS MADE BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS) UNDER SECTION 45(5) OF THE RGUHS ACT, 1994 VIDE COMMUNICATION DATED 16/01/2024 WITH NO.ACA/AFF/PH- 117/2024-25 AT ANNEXURE-C AND THE POSITIVE INSPECTION - 3 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 REPORT OF THE GOVERNMENT APPOINTED COMMITTEE DATED 10.06.2024 NO.40/2023-24 VIDE ANNEXURE- E AND TO PASS SUCH ORDERS AS ARE NECESSARY TO ENABLE THE PETITIONER - INSTITUTION TO PARTICIPATE IN THE ONGOING ADMISSION PROCESS 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 ORAL ORDER In this petition, the petitioner seeks for the following reliefs; "i. Issue a writ of in the nature of mandamus or any other appropriate writ, order or direction directing respondent Nos.1 and 2 to forthwith grant permission to the petitioner - Institution to start and admit students to the Pharm.D (30 seats) course from the academic year 2025-26 onwards, in view of the approval granted by the Pharmacy Council of India (PCI) dated 12.11.2024 vide Annexure-F; and the recommendations made by the Rajiv Gandhi University of Health Sciences (RGUHS) under Section 45(5) of the RGUHS Act, 1994 vide communication dated 16.01.2024 with No.ACA/AFF/PH-117/2024-25 at Annexure-C; and the positive inspection report of the Government - appointed Committee dated 10.06.2024 No.O¤E/¸ÀO«ªÀÄ«/D«/40/2023-24 vide Annexure-E and to pass such orders as are necessary to enable the Petitioner - Institution to participate in the ongoing admission process; and ii. Declare that Section 45(5) of the Rajiv Gandhi University of Health Sciences Act, 1994 does not ipso facto empower the State Government to order or conduct independent - 4 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 inspections of affiliated institutions, unless the Government, upon examination of the application, documents and recommendations forwarded by the University, first records a reasoned finding that the materials placed before it are insufficient or unsatisfactory; and further hold that in cases where all statutory authorities, including the University and the Central Regulatory Body, have verified and approved the adequacy of facilities, the Government is bound to accord permission without undertaking redundant or parallel inspections; and iii. Declare that Section 45(9) of the Rajiv Gandhi University of Health Sciences Act, 1994 is directory and not mandatory, in so far as it pertains to an existing affiliated institution, and that once the adequacy of facilities has been duly established through inspections and approvals of the competent authorities, the State Government is bound to accord permission without insisting upon further procedural formalities; and iv. Declare that before passing any adverse order or rejecting a proposal under Section 45 of the Rajiv Gandhi University of Health Sciences Act, 1994, the State Government and the Rajiv Gandhi University of Health Sciences are bound to afford the concerned affiliated institution a reasonable opportunity of hearing and to communicate the reasons for such proposed rejection, in keeping with the principles of natural justice and fair administrative procedure; and v. Issue a writ of mandamus declaring that the inaction and delay of the Respondent - State Government in granting permission to the Petitioner Institution to start the Pharm.D (30 seats) course, despite approvals and recommendations from all statutory authorities, is arbitrary, unreasonable and violative of Article 14 of the Constitution of India; and - 5 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 vi. Direct the Respondent - State Government to consider and dispose of the Petitioner's representation dated 21.07.2025 Annexure-J forthwith by issuing necessary permission for commencement of the Pharm.D course within the time fixed by this Hon'ble Court. vii. Grant such other or further writs, orders or directions as this Hon'ble Court may deed fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that subsequent to the interim order dated 31.10.2025, the respondents have conducted inspection of the Wenlock Hospital (Government Hospital) dated 05.11.2025, which has entered into a Memorandum Of Understanding (MOU) dated 13.11.2024 and a favourable report has been issued in favour of the petitioner and as such, the present petition may be disposed of granting prayer No.1 without expressing any opinion on the other prayers. 3. Learned High Court Government Pleader for respondents fairly submits that pursuant to the interim order dated 31.10.2025, the respondents have conducted inspection of the Wenlock Hospital (Government Hospital) on 05.11.2025 and have ascertained that all facilities are available and necessary steps would be taken to grant permission to the petitioner - Institution and - 6 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 that the report will be placed before the committee for the purpose of granting permission to the petitioner - Institution to admit students to Pharm.D (30 seats) course for the academic year 2025-26. 4. By way of reply, the learned counsel for the petitioner submits that pursuant to the interim order dated 31.10.2025, the petitioner - Institution have admitted students and are awaiting grant of formal approval/permission to the petitioner - Institution. 5. I have given my anxious consideration to the interim order passed by this Court on 31.10.2025, which reads as under; "i. Learned HCGP seeks time to file objections. Re-list on 10.11.2025. In the meanwhile, by way of an interim arrangements and without prejudice to the rights and contentions of the parties and subject to the final outcome of the petition, respondents are directed to permit the petitioner to admit the students to Pharm.D (30 seats) course for the academic year 2025-26 in terms of revised Notification dated 30.10.2025 issued by RGUHS. Further, the petitioner shall not claim any equities in this regard. It is made clear that the respondent - State shall be entitled to conduct inspection only to Wenlock Hospital (Government Hospital) on 05.11.2025, which has entered into a - 7 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 Memorandum of Understanding dated 13.11.2024 with the petitioner - Institution. Liberty is reserved in favour of respondents to seek vacation/modification of this order. Hand delivery of this order is permitted." 6. It is a matter of record as submitted by both sides that pursuant to the aforesaid interim order, the respondents have conducted inspection of the aforesaid Wenlock Hospital (Government Hospital) and ascertained that the petitioner - Institution possesses all necessary infrastructural facilities for the purpose of running Pharm.D Course with an intake of 30 seats for the academic year 2025-26. 7. In view of the aforesaid facts and circumstances, I proceed to pass the following; ORDER (i) The writ petition is disposed off. (ii) Respondent Nos.1 and 2 are directed to place the Inspection Report before the committee and proceed to grant permission to the petitioner - Institution to start and admit students to the Pharm.D (30 seats) course from the academic year 2025-26 onwards, in view of - 8 - HC-KAR NC: 2025:KHC:45449 WP No. 32465 of 2025 the approval granted by the Pharmacy Council of India (PCI) dated 12.11.2024 vide Annexure- F and the recommendations made by the Rajiv Gandhi University of Health Sciences (RGUHS) under Section 45(5) of the RGUHS Act, 1994 vide communication dated 16.01.2024 with No.ACA/AFF/PH-117/2024-25 at Annexure-C; and the positive inspection report of the Government - appointed Committee dated 10.06.2024 No.O¤E/¸ÀO«ªÀÄ«/D«/40/2023-24 vide Annexure-E, within a period of two weeks from the date of receipt of a copy of this order. (iii) The remaining prayers sought for by the petitioner are kept open for the purpose of the present order and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 3