- 1 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12575 OF 2025 (EDN-RES) BETWEEN: MS. SANU S D/O MR. SURESH AGED ABOUT 18 YEARS R/AT 1/38B, MANDAKARAI MACHIKOLLI POST, VTC MUDUMALAI, GUDALUR NILGIRIS, TAMIL NADU - 643 211. …PETITIONER (BY SRI. NISHANTH A.V, ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS) 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041 REP. BY ITS VICE CHANCELLOR. 2. CAUVERY COLLEGE OF PHARMACY CAUVERY GROUP OF INSTITUTIONS NO.131/1, 2D, 2E, 2F, KBL LAYOUT MYSURU - 570 028 NEAR DEVEGOWDA CIRCLE REPRESENTED BY ITS PRINCIPAL/DEAN …RESPONDENTS (BY SRI. H.S. SUHAS, ADVOCATE FOR R1; SRI. GIRISH KUMAR B.M, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1ST RESPONDENT UNIVERSITY TO APPROVE THE ADMISSION OF THE PETITIONER FOR THE B.PHARMA COURSE FOR THE ACADEMIC YEAR 2024-2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: A. Issue a writ of Mandamus directing the 1st Respondent University to approve the admission of the Petitioner for the B.Pharma Course for the academic year 2024-2025; B. Issue a writ in the nature of Mandamus directing the Respondents to collect the examination fee and to issue Hall Tickets by enabling the Petitioner to take up the First Semester B.Pharma Examination scheduled from 25.04.2025 vide notification dated 20.02.2025 issued by the 1st Respondent vide Annexure-G; and its bearing NO. RE [E]/EXAM/PHARM/NOTI/UG&EPG/Feb-2025 dated 20/2/205 C. Pass such other Order/s, grant such other relief/s, as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. A perusal of the material on record will indicate that the petitioner having completed her SSLC and class 12/II PUC - 3 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 became eligible to secure B Pharma seat in the second respondent college for the academic year 2024-25 and filed an application dated 10.05.2024 for enrolment/admission expressing her intention to pursue B Pharma course in second respondent college. On 25.06.2024 and 29.07.2024, the petitioner paid an admission fees in sums of Rs.15,000/- and Rs.1 lakh to the second respondent who accepted the same and issued receipts in favour of the petitioner which are produced as Annexure E series. Subsequently, on account of mistake committed by the second respondent college in not uploading the name of the petitioner but they uploading the name of one Sri Keerthana by oversight and inadvertence, the second respondent college intimated the first respondent RGUHS that there was a mistake in this regard and accordingly called upon the first respondent RGUHS to approve the admission of the petitioner to the second respondent college for the purpose of first year B Pharma course for the academic year 2024-25 affiliated to the first respondent University. 3. 3. It is also contended that on 20.02.2025, the RGUHS issued a notification notifying examination for various courses - 4 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 of pharmacy pursuant to which the first respondent RGUHS addressed a communication dated 17.03.2025 intimating the second respondent college that out of the total intake of 100 seats, the approval admission of 99 students had been approved and the admission of one the aforesaid Keerthana was cancelled, but the name of the petitioner was not forthcoming in the approval list and as such, she is before this Court by way of the present petition. 4. When the matter came up before this Court on 24.04.2025, this Court passed the following order: Sri.H.S.Suhas, learned counsel is directed to accept notice for respondent No.1. Copies to be served. Issue emergent notice to respondent No.2. In the meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and making it subject to the final outcome of the petition and condition that the petitioner shall not claim any equities in this regard, respondent – University is directed to permit petitioner to take up 1st Semester ”B Pharma” examination scheduled to commence on 25.04.2025. Re-list after Summer Vacation, 2025. - 5 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 Learned counsel for respondent No.1 to communicate the present order to the University to enable the compliance of this order. Hand delivery of this order is permitted. 5. On 11.07.2025 this Court passed the following order: Heard the learned counsel appearing for the parties on IA No.1 of 2025. Taking into consideration the fact that petitioner herein has admitted to B.Pharma First Semester on 30.06.2024 (Annexure-E) in the respondent No.2-college and thereafter, entire payment of fees has been made as per Annexure-E1 dated 31.07.2024 and even according to learned counsel appearing for the respondent-University that last date of admission is on 30.11.2024. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner that result of the petitioner be announced forthwith. Accepting the cause shown in the affidavit accompanying application, the respondent-University is directed to announce the result of the petitioner, forthwith. Accordingly, IA No.1 of 2025 is allowed. It is also made clear that, this court vide order dated 24.04.2025 granted impugned order permitting the petitioner to take up first semester B. Pharma examination scheduled on 25.04.2025. Registry is directed to issue bailable-warrant to the Principal of respondent No.2-College, returnable by 21.07.2025, for non-appearance despite accepting the notice issued by this Court. 6. On 09.10.2025, this Court passed the following further interim order. - 6 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 ORAL ORDER ON I.A.2/2025 Heard learned counsel for the petitioner and the learned counsel for respondent No.2 and perused the material on record. 2. Under identical circumstances in relation to the first semester "B Pharma" examination which commenced on 25/4/2025, petitioner filed I.A.No.1/2025 which was disposed of vide interim order dated 24/04/2025, which reads as under- "Sri.H.S.Suhas, learned counsel is directed to accept notice for respondent No.1. Copies to be served. Issue emergent notice to respondent No.2. In the meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and making it subject to the final outcome of the petition and condition that the petitioner shall not claim any equities in this regard, respondent – University is directed to permit petitioner to take up 1st Semester ”B Pharma” examination scheduled to commence on 25.04.2025. Re-list after Summer Vacation, 2025. Learned counsel for respondent No.1 to communicate the present order to the University to enable the compliance of this order. Hand delivery of this order is permitted.” 3. Subsequently, since the second semester "B Pharma" examinations are scheduled to commence from 13/10/2025, the petitioner has filed the present application I.A.No.2/2025 seeking identical/similar reliefs. 4. Accepting the reason stated in the application and in the light of the aforesaid earlier order passed on I.A.No.1/2025, referred to supra, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and making it subject to the final outcome of the petition and condition that the petitioner shall not claim any equities in this regard, - 7 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 respondent - University is directed to permit the petitioner to take up second Semester "B Pharma" examination scheduled to commence from 13/10/2025. 5. The respondents are directed to declare the result of the examination which would also be subject to the final outcome of the petition. 6. It is submitted that the respondent No.2 has paid the cost. The submission is placed on record 7. The learned counsel for the respondent No.2 - college submits that the petitioner had indeed been admitted to the second respondent college for the academic year 2024-25 and due to oversight and inadvertence, the name of the petitioner was not sent for approval to the first respondent RGUHS and in that place, the second respondent had erroneously show the name of one Keerthana whose admission had actually been cancelled and appropriate orders may be passed in the present petition. 8. Learned counsel for the first respondent RGUHS would reiterate the various contentions urged in the statement of objections and submits that since the petitioner had not taken admission to the second respondent college before the cut off date i.e., on or before 30.11.2024 in terms of the revised - 8 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 notification at Annexure R1 dated 05.11.2024, the first respondent RGUHS is not liable to approve the admission of the petitioner and there is no merit in the petition and the same is liable to be dismissed. 9. 9. A perusal of the material on record will indicate that the cumulative effect of the documents produced by the petitioner and the submission made on behalf of the second respondent college that the petitioner had actually been admitted to the second respondent college and that the name of the petitioner was inadvertently not shown and that in her place, the name of one Keerthana was shown erroneously is sufficient to come to the conclusion that the petitioner had indeed obtained admission and got admitted to the second respondent - college, though her name was not reflected originally in the list of students sent by the second respondent college who had however subsequently sought to rectify the same by issuance of a e-mail at Annexure F dated 28.01.2025. 10. Under these circumstances, I am of the considered opinion that the petitioner having been admitted to the second respondent college for the academic year 2024-25 and having - 9 - HC-KAR NC: 2025:KHC:49243 WP No. 12575 of 2025 paid the fees, merely because the second respondent college had inadvertently not shown the name of the petitioner as having been admitted and has erroneously shown the name of Keerthana whose admission was subsequently cancelled coupled with the fact that 99 students of the total intake of 100 students had been approved for admission and there was one more seat available for the petitioner's admission to get approval, I am of the considered opinion that the present petition deserves to be allowed and disposed of by issuing certain directions. Hence, the following - ORDER (i) The petition is hereby allowed. (ii) The first respondent RGUHS is directed to approve the admission of the petitioner to first year B Pharma course for the academic year 2024-25 and respondent No.2 shall take necessary steps in this regard and both respondents shall proceed further as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL/List No.: 1 Sl No.: 43