- 1 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.33337 OF 2025 (EDN-RES) BETWEEN: 1. OXBRIDGE COLLEGE OF PHARMCY NO.7, 8 AND 9, MAHADESHWARANAGAR EXTENSION, HEROHALLI CROSS, MAGADI ROAD, VISHWANEEDAM POST, BENGALURU-560091. REPRESENTED BY ITS DIRECTOR, MR. AIJAZ ALI KHAN, S/O DR. M. A. KHAN, AGED ABOUT 58 YEARS. &PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, MEDICAL EDUCATION DEPARTMENT, VIKAS SOUDHA, BENGALURU - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 2. DIRECTORATE OF MEDICAL EDUCATION, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING), 1ST FLOOR, K. R. ROAD, BENGALURU-560002. BY ITS DIRECTOR. 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 I, NEW DELHI - 110020. REPRESENTED BY ITS SECRETARY. &RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1 & R2; SRI. RAJATH, ADVOCATE FOR R3; SRI. S.S. HAVERI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS. 1, 2 TO FORTHWITH GRANT PERMISSION TO THE PETITIONER INSTITUTION TO INCREASE THE INTAKE CAPACITY OF THE B.PHARM COURSE FROM 50 TO 100 SEATS AND TO ADMIT STUDENTS FROM THE ACADEMIC YEAR 2025-26 ONWARDS, IN VIEW OF THE RECOMMENDATIONS OF THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS) DATED 17/12/2024 WITH NO.RGU/AFF/PH-005/2025-26 VIDE ANNEXURE-D AND THE - 3 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 APPROVAL GRANTED BY THE PHARMCY COUNCIL OF INDIA (PCI) VIDE COMMUNICATION DTD. 01/07/2025 AT ANNEXURE- F AND TO PASS SUCH ORDERS AS ARE NECESSARY TO ENABLE THE PETITIONER INSTITUTION TO PARTICIPATE IN THE ONGOING ADMISSION PROCESS; AND ETC. ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioner has sought for a direction to respondent Nos.1 and 2 to grant permission to the petitioner-Institution to increase the intake capacity of petitioner-Institution to the B.Pharm Course, from 50 seats to 100 seats and to admit the students accordingly from the Academic Year 2025-26 onwards, in view of the recommendations of the respondent-University dated 17.12.2024 as at Annexure-D and the approval granted by the respondent No.4 as at Annexure-F to the Writ Petition. The petitioner has also sought for declaration as to Section 45(5) of - 4 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 the Rajiv Gandhi University of Health Sciences Act, 1994 (hereinafter referred to as 'the Act'), does not, ipso facto empower the State Government to conduct independent inspection of such affiliated Institutions. 3. Heard Sri. Abhishek Malipati, learned counsel for the petitioner, Sri. S.S. Haveri, learned counsel for respondent No.4, Sri. Rajath, learned counsel for respondent No.3 and Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for the respondent Nos.1 and 2. 4. Sri. Abhishek Malipatil, learned counsel for the petitioner, contended that the respondent No.3-University has accorded permission to increase the intake capacity of the petitioner- Institution to the B.Pharm Course from 50 to 100 seats and to admit the students from the Academic Year 2025-26 onwards. In this regard he referred to Annexures-D and F, wherein, the respondent No.3-University and the respondent No.4, have accorded permission and accordingly, it is contented that the provision contained under Section 45(5) of the Act is only an auxiliary / supplemental power even to the State Government to see the reports of the respondent No.3 and respondent No.4 - 5 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 and take decision in the matter. Therefore, the respondent- Government has no independent power to inspect the petitioner's Institution as per Section 45(5) of the Act. In this regard, learned counsel places reliance on the Judgment of this Court in the case of KARNATAKA PHARMACY COLLEGE MANAGEMENT ASSOCIATION, &BANGALORE Vs. THE UNION OF INDIA AND OTHERS in W.P.No.7764/2025, disposed of on 26.11.2025 and accordingly, sought for interference of this Court. 5. Per contra, Sri. Rajath, learned counsel for the respondent No.3 and Sri. S.S. Haveri, learned counsel for the respondent No.4 made submissions with regard to granting of permission to the petitioner-Institution as per Annexures - D and F respectively. 6. Smt. Sukanya Baliga, learned Additional Government Advocate appearing for respondent Nos.1 and 2 submitted that, pursuant to the interim order passed by this Court, the Respondent Nos. 1 and 2 have inspected the Institution and a Memo dated 13.11.2025 has been filed along with the Inspection Report dated 12.11.2025, wherein the report reveals - 6 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 that, there is no proper infrastructure and other required facilities in the petitioner-Institution supporting to increase the strength from 50 to 100, and therefore, sought for dismissal of the Writ Petition. It is also submitted by the learned Additional government Advocate that, matter pertaining to the consideration of the recommendation made by the respondent Nos. 3 and 4 is pending consideration before the respondent Nos. 1 and 2 and accordingly sought for dismissal of the prayer made in the Writ Petition. 7. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the petitioner-Institution is having the existing intake capacity of 50 students for admission to the B.Pharm Course and thereby, intends to increase the strength of the students from 50 to 100 students and to admit the students from the Academic Year 2025-26. In this regard, the perusal of the recommendation made by respondent No.3-University dated 17.12.2024 (Annexure-D) and the approval granted by respondent No.4 dated 01.07.2025 (Annexure-F) would indicate that the petitioner-Institution was granted approval to increase the - 7 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 B.Pharm seats from 50 to 100 seats for the ongoing admission process. It is also to be noted from the interim order passed by this Court, wherein this Court vide interim Order dated 10.11.2025, accorded permission to the petitioner-Institution to increase its intake capacity from 50 to 100 students to be admitted to the B.Pharm Course for the Academic Year 2025- 26, subject to the final outcome of this Writ Petition. It is also forthcoming from the writ papers that, pursuant to the interim Order passed by this Court, an interim report has been filed as per the Memo dated 13.11.2025 by the respondent-State, wherein a two Members Committee has been constituted to inspect and file the interim report and accordingly, the Inspection Report was filed on 12.11.2025. 8. However, though the recommendation has been made by the respondent No.3-University and the respondent No.4- Pharmacy Council of India, way back in 17.12.2024 and 01.07.2025, however, the respondent-State has not taken decision and the laxity on the part of the State Government is forthcoming from the writ papers. That apart, the perusal of the relevant Section 45(5) of the Act reads as under: - 8 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 "45. Affiliation of colleges .- (1) to (4) xxxx (5) The Registrar shall within such time as the Government may from time to time specify submit application and all proceedings, if any, of the Academic Council and of the Syndicate relating thereto to the Government which, after such inquiry as may appear to it to be necessary, shall make their recommendations for the grant of the application or any part thereof or refuse the application or any part thereof and the University shall issue orders accordingly." 9. Perusal of the aforementioned provision would make it clear that, such existing Institutions which require to increase the strength of the students and/or any new College is yet to get started, will have to get the required permission from the respondent Nos.3 and 4 at the initial stage, and thereafter the State Government is empowered to take decision in the matter. In this aspect, the language employed in Section 45(5) makes it clear that, the enquiry being already conducted by Respondent No.3-University and respondent No.4-Pharmacy - 9 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 Council of India with regard to the petitioner-Institution, the Government has to approve the same as already an expert body has taken decision as to recommending such Institution to the Government for granting approval. In that view of the matter, the said provision which authorizes the State Government to approve the admission of students to the petitioner- Institution is only directory in nature and cannot be considered as mandatory in nature. In this regard, Para 12 of the Order dated 26.11.2025 in W.P. No.7764/2025 reads as follows: "12. Insofar as the contention urged on behalf of the respondents-State that the issuance of NOC by the respondent-State in favour of the Colleges or Members of the petitioner's Association would entitle the respondents-State to conduct inspection, it is needless to state that mere issuance of NOC by the respondent-State for the purpose of enabling the Institutions which are members of the petitioner's Association to commence the Pharmacy College/Institution cannot be made the basis to come to the conclusion that the respondents State would be entitled to conduct inspection, particularly, in the absence of any statutory provision either under the Act, Rules or Regulations and as such, the said - 10 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 contention urged by the respondents-State cannot be accepted, especially, when the NOC has already been issued by the State Government and the State Government would consequently become functus officio and who was not entitled to conduct inspection." 10. Following the aforementioned Order passed by this Court, and taking into consideration that respondent Nos.3 and 4 have already recommended to the government for the increase of the strength of the students of the petitioner-Institution for B.Pharm Course from 50 to 100 students and however, the Government, has not taken decision in the matter, and in that view of the matter, I am of the view that, as the State Government has not taken decision for more than one and half years, and therefore, the prayer made in the Writ Petition has to be accepted. 11. Accordingly, I passed a following: ORDER (i) The Writ Petition is allowed. - 11 - HC-KAR NC: 2026:KHC:18044 WP No. 33337 of 2025 (ii) The respondent Nos.1 and 2 are directed to grant approval in view of the recommendation made by respondent Nos.3 and 4 as per Annexures-D and F, which shall be treated as deemed approval and accordingly the intake capacity of petitioner-Institution to the B.Pharm Course be permitted to be increased from 50 to 100 students from the Academic Year 2025-26 onwards. (iii) In that view of the matter respondent Nos.1 and 2 are directed to issue the formal communication to the petitioner-Institution as well as to respondent Nos.3 and 4, granting approval as noted above, within a period of two weeks from the receipt of certified copy of this order. (iv) The admission of students admitted pursuant to the interim order dated 10.11.2025, is accordingly accepted as approved. (v) Pending application, if any, would not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac/List No.: 1 Sl No.: 13