Allowed

Sri. Girish .N v. the State of Karnataka

Karnataka HC20 Dec 2023WP/28761/2023

Case brief

AI extract

What is this about?

Petitioner sought writ directing Board of Examination Authority to grant permission for him to take D-Pharma Part II exam with a scriber due to amputation of his right hand following an accident.

What did the court decide?

The writ petition is allowed directing Respondent No.3 to accord permission to Respondent No.4 to allow the petitioner to take up the examination with the help of the scriber.

Sri. Girish .N Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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1 - NC: 2023:KHC:46496 WP No. 28761 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 28761 OF 2023 (EDN-RES)

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BETWEEN:

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SRI. GIRISH .N S/O NAGESH N C, AGED ABOUT 20 YEARS, R/AT SAVALANGA ROAD, BEHIND AANJNEYA TEMPLE, NAVULE, SHIVAMOGGA 577204

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…PETITIONER

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(BY SRI. MANJU BYRAL, ADVOCATE)

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AND:

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Digitally signed by R DEEPA Location: High Court of Karnataka

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU 560001

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THE SECRETARY TO GOVERNMENT DEPARTMENT OF DRUGS CONTROL, PALACE ROAD, BENGALURU 560001

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THE BOARD OF EXAMINATION AUTHORITY (D PHARM) REP. BY ITS CHAIRMAN, BOARD OF EXAMINING AUTHORITY, DEPARTMENT OF DRUGS CONTROL, C/O GOVERNMENT COLLEGE OF PHARMACY, NO.2, 3^RD FLOOR, P KALINGARAO ROAD, SUBBAIAH CIRCLE, BENGALURU 560027

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NC: 2023:KHC:46496 WP No. 28761 of 2023

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4. THE PRINCIPAL

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SRI SUBRAMANYASWAMY COLLEGE OF PHARMACY, 2^ND FLOOR, AKSHARA COLLEGE BUILDING, OPP: TO J.N.N.C.E. SAVALANG ROAD, SHIVAMOGGA 577204

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…RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE R3 TO ACCORD PERMISSION TO R4 TO ALLOW THE PETITIONER TO TAKE UP THE EXAMINATION WITH THE HELP OF THE SCRIBER, PURSUANT TO R3 LETTER DTD 13.12.2023, PRODUCED AT ANNEXURE-D

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner filed this writ petition seeking for a mandamus directing respondent No.3 to accord permission to respondent No.4 to allow the petitioner to take up the examination with the help of the scriber pursuant to respondent No.3 letter dated 13.12.2023 at Annexure-D.

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Brief facts leading rise to filing of this petition are as under:

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The petitioner joined the II year course of D-Pharma in Sri Subramanya Swamy College of Pharmacy. The petitioner cleared his I year examination in second class.

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3 - NC: 2023:KHC:46496 WP No. 28761 of 2023

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The petitioner met with an accident on 05.07.2023 and his right hand above the elbow was amputated on 08.07.2023. The petitioner was discharged from the hospital on 09.08.2023. The mother of the petitioner submitted a representation to respondent No.3 through respondent No.4. Respondent No.4 issued a letter to respondent No.3 to grant permission to the petitioner to take up examination with the help of scriber. Respondent No.3 issued revised calendar of events for D-Pharma Part II annual examination. Respondent No.3 also issued a letter to respondent No.4 and informed the petitioner to take orders from the Court. Hence, the petitioner filed this writ petition.

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Heard the learned counsel for the petitioner and also the learned Additional Government Advocate for respondent Nos.1 to 3.

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Sri Nazeer Ahamed, Deputy Drugs Controller

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and Member Secretary, Board of Examination Authority, Bengaluru is present before the Court and submits that

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4 - NC: 2023:KHC:46496 WP No. 28761 of 2023

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respondent No.3 will consider the representation and pass order permitting the petitioner to take up the examination with the help of scriber.

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His submission is placed on record and perused

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the records.

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The petitioner met with an accident and his right hand above the elbow is amputated. The petitioner is unable to write the examination. Considering the medical grounds, the petitioner is entitled to take assistance of the scriber.

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In view of the above discussion, I proceed to pass the following:

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ORDER

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The writ petition is allowed directing respondent No.3 to accord permission to respondent No.4 to allow the petitioner to take up the examination with the help of the scriber.

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Sd/JUDGE

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SSB

Sri. Girish .N v. the State of Karnataka

Case brief

What is this about?

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Sri. Girish .N v. the State of Karnataka

Case brief

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