Partly allowed

Margadarshan Education Trust v. the Registrar

Karnataka HC18 Mar 2024WP/11164/2022

Case brief

AI extract

What is this about?

Petitioners, students enrolled in a pharmacy college without requisite PCI permission and prior State Government approval, approached the High Court. The court directed RGUHS to allow students to appear for examinations if fees are paid, while directing the photonographers against the college for violations.

What did the court decide?

Mandamus issued to RGUHS to permit students to appear for examinations; Respondents directed to take action against the college for violations.

Margadarshan Education Trust Vs the Registrar — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:11089 WP No. 11164 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11164 OF 2022 (EDN-RES)

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BETWEEN:

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MARGADARSHAN EDUCATION TRUST ADMINISTRATIVE OFFICE AT

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NO.23 AND 31/1, 9^TH CROSS, HARSHA LAYOUT, KENGERI, BENGALURU-560060 REP. BY ITS CHAIRMAN V.G.KUDLAGIMATH, UNDER THE INDIAN TRUST ACT 1882 HAVING ITS COLLEGE AT,

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MARGADARSHAN COLLEGE OF PHARMACY HERUR ROAD, TONDIHAL 587154, TQ. ILKAL DISTRICT. BAGALKOT.

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AFNAN BADAMI S/O ABDULSAB, AGED 21 YEARS,

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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AKASH GANACHARI S/O SHIDRAMAYYA, AGED 19 YEARS,

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AKASHATHA KONAPUR D/O ANANTARAO, AGED 19 YEARS,

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ANAND BIRADAR S/O CHENNAREDDY, AGED 19 YEARS,

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ANAND S/O MALLAPPA, AGED 19 YEARS,

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BASAVARAJ BHAJANTRI S/O SHIVAKUMAR, AGED 19 YEARS,

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BHARATKUMAR BALADARI S/O HANAMANTAPPA, AGED 19 YEARS,

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BASAVARAJ PATED S/O KADAPPA, AGED 19 YEARS,

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CHAITANYA ISLAMPUR D/O NANDAPPA, AGED 19 YEARS,

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DHEERAJ MASHANAVAR S/O RAMESH, AGED 19 YEARS,

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DIVYASHREE INDARAGI D/O SHRIKANTH, AGED 20 YEARS,

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GURUPRASAD S/O KOTRASH, AGED 19 YEARS,

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JYOTI D/O AMAREGOUDA, AGED 20 YEARS,

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MANOJAKUMAR HUDED S/O BASAPPA, AGED 21 YEARS,

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MD TANISHQ CHOPADAR S/O SULEMAN, AGED 20 YEARS,

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MD YASEEN MAKANDAR S/O DADEPEER, AGED 19 YEARS,

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MOHAMMAD AKBAR S/O KHAJA PASHA AGED 19 YEARS,

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PRATIBHA HIREMATH D/O RAJENDRASWAMY,

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AGED 19 YEARS,

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PRAVEEN HUJARATI S/O VEERESH, AGED 19 YEARS,

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PUNITKUMAR BIRADAR S/O SHRISHAIL, AGED 19 YEARS,

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SABIYABANU BHANDARI D/O JAHANGEER, AGED 23 YEARS,

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SANGAMESH S/O ARJUN, AGED 20 YEARS,

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SHANTALA D/O BASAVANAGOUDA, AGED 20 YEARS,

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SHIVASHANKAR SHEELAVANTAR S/O RUDRAPPA, AGED 19 YEARS,

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SHRAVANAKUMAR HIREMATH S/O KALYANAYYA, AGED 19 YEARS,

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SHRIHARI S/O B KRISHNA, AGED 19 YEARS,

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SHRINIVAS KOPPAL S/O PAMPANNA, AGED 21 YEARS,

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SIDDAKHAMMAD NADAF S/O HUSENSAB, AGED 19 YEARS,

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SWATI HIREMATH D/O BASAYYA, AGED ABOUT 20 YEARS,

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4 - NC: 2024:KHC:11089 WP No. 11164 of 2022

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TEJASHWINI PATTED D/O ISHWAR, AGED 19 YEARS,

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VEENA BANDI S/O NAGAPPA, AGED 20 YEARS,

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VISHWANATH SALIMATH S/O VEERUPAKSHAYYA, AGED ABOUT 19 YEARS,

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PETITIONERS NO. 2 TO 33 ARE THE STUDENTS OF 1^ST PETITIONER COLLERE HERUR ROAD, TONDIHAL-587154 TQ: ILKAL, DIST-BAGALKOT

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…PETITIONERS

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(BY SRI. SHIVARUDRA.,ADVOCATE)

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AND:

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THE REGISTRAR RGUHS, 4^TH T BLOCK, JAYANAGAR, BENGALURU 560041.

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THE REGISTRAR CUM SECRETARY PHARMACY COUNCIL OF INDIA, NBCC, CENTER, 3^RD FLOOR, PLOT NUMBER-2, COMMUNITY CENTER OKHALA PHASE-1, NEW DELHI 110020.

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…RESPONDENTS

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(BY SRI. B.S. SACHIN., ADVOCATE FOR R1; SRI. S.S. HAVERI., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R1 TO PERMIT THE PETITIONER STUDENTS TO PAY THE EXAMINATION FEES AND APPEAR FOR THE FORTH COMING EXAMINATIONS COMMENCING FROM 13.06.2022. ANENXUR-N AND ETC.

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NC: 2024:KHC:11089 WP No. 11164 of 2022

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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i. Issue a writ in the nature of mandamus directing the 1^st respondent to permit the petitioner students to pay the examination fees and appear for the forthcoming examinations commencing from 13.06.2022 vide Annexure-N.

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ii. Issue a writ in the nature of Mandamus directing the 2^nd Respondent to consider the appeal filed by the 1^st petitioner college as same is already recommended by the affiliating university & the State Government Annexure-M.

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iii. Issue a writ in the nature of mandamus to consider the representations made by the 1^st petitioner as the same was not within the domain of the petitioner as the Government was to grant permission and Annexure-J

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iv. Issue any writ or order as deemed fit in the facts and circumstance of the case, in the interest of justice and equity.

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The petitioner No.1 – Trust running a pharmacy college. Petitioner No.2 to Petitioner No.33 are stated to be the students who have enrolled with the petitioner No.1 – Trust for B-Pharma course for the academic year 2021-22.

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6 - NC: 2024:KHC:11089 WP No. 11164 of 2022

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The petitioner No.1 – Trust had applied to Pharmacy Council of India (PCI) for permission to run the college, which initially came to be rejected on 11.06.2021 since the State Government has not given permission to start the course. The petitioner No.1 – Trust thereafter approached the State Government and finally permission of the State Government was granted on 09.11.2021. Thereafter, the petitioner No.1 – Trust applied for consent for affiliation which came to be granted on 25.11.2021 subject to the condition that no admission of the students is to be made until necessary permission from PCI obtained.

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An application having been made to PCI for grant of permission for enrollment/admission of the students for academic year 2021-22, the PCI rejected the said application vide its letter dated 03.12.2021 at Annexure-L on the ground that the approval process of academic year 2021-22 has already been over and as such, no such approval could be granted. The

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application could be considered for academic year 2022-23. It is challenging the same, the petitioner is before this Court.

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Sri.Shivarudra, learned counsel for the petitioners submits that both the State Government and the PCI delayed in consideration of the application of the petitioner No.1 – Trust. The State Government has taken nearly 8 months to grant the approval and it is thereafter that the petitioner No.1 – Trust could take up the matter with the University to give the consent for affiliation on 25.11.2021. It is during the pendency of the application with the PCI that the petitioner No.1 – Trust has admitted the students who have been permitted to take up examination by interim orders passed by this Court and as such, a further relief is now sought to permit the said students to take up upcoming examination.

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Sri.S.S.Haveri, learned counsel for respondent No.2 - PCI would submit that without permission from PCI the petitioner No.1 – Trust could not have admitted any students. The consent for affiliation also indicates that without the permission from PCI, students should not be admitted despite which the petitioner No.1 – Trust has admitted the students which is contrary to the applicable law. In that background, he submits that the students cannot be permitted to take up for the next academic examination and further necessary action would be taken against the officers of the petitioner No.1 – Trust. On the above grounds, he submits that the petition is required to be dismissed.

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Heard Sri.Shivarudra, learned counsel for the petitioners, Sri.B.S.Sachin, learned counsel for respondent No.1 and Sri.S.S.Haveri, learned counsel for respondent No.2 -PCI and perused papers.

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9 - NC: 2024:KHC:11089 WP No. 11164 of 2022

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Sri.Shivarudra, learned counsel for the petitioners was directed to produce the admission register, which has been produced and made available for inspection to the counsel for the respondents.

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A perusal of the said Admission Register indicates that all the admissions were made post 01.09.2021 and goes on upto February 2022 that is to say even before the consent was granted by the State Government on 09.11.2021 and even before the consent of affiliation, admissions were made by the petitioner No.1 - Trust and they continued to be made even though it was categoricially stated in the consent of affiliation that without PCI’s permission, no admission could be made. Some of the admission also continued post the rejection letter dated 03.12.2021 issued by PCI since the admission have been made in the month of January and February 2022. Thus, it is clear that the petitioner No.1 – Trust has admitted the students without any

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recognition and/or authority to do so thereby putting the interest of the students and their future into jeopardy.

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This Court normally whenever petitions are filed by such educational institutions accompanied by students as petitioners, intercedes in the matter and grant permission to the students to take up the examination so that their future is not adversely affected. This particular aspect has been time and again taken advantage of by the unscrupulous institutions like the petitioner No.1-Trust, which continued to admit students without following any process of law and putting the life and interest of the students in jeopardy.

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It is high time that the concerned organizations like PCI which confer recognition take necessary action against such institutions so that these kinds of incidents do not occur in future and such action need

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not only be restricted to cancellation of affiliation or otherwise but to initiate necessary proceeding including criminal proceedings for violation of applicable law.

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In the present case, once again this Court would be constrained in the interest of the students to permit the said students to take up the examination so as to not adversely affect their future life and career and it is only for that reason that this Court choses to intercede in the matter. It was also for the said students and parents to have verified from the records if the petitioner No.1 college could have admitted the students or not which would have clearly made known to them even if a question has been asked for to produce such recognition.

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In that view of the matter, I pass the following:

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ORDER

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i) The Writ Petition is partly allowed.

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ii) A mandamus is issued to the respondent No.1 to permit petitioner No.2 to petitioner No.33 to take the up coming examination and future examination until they complete their B-Pharma Course by collecting applicable examination fee.

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iii) Respondents No.1 and 2 are directed to take necessary action against petitioner No.1 and its office bearers as regards violations committed by them both as permitted under the Pharmacy Act, 1948 as also as permitted under appropriate penal statute/s.

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Sd/JUDGE

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PRS List No.: 1 Sl No.: 24

Margadarshan Education Trust v. the Registrar

Case brief

What is this about?

What did the court decide?

Margadarshan Education Trust v. the Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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