Disposed

Mr Hadagali Santhosh Kumara v. Rajiv Gandhi University of Health Sciences

Karnataka HC7 Feb 2024WP/11856/2023

Case brief

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What is this about?

An M.Pharm student admitted in 2016-17 under the Annual System sought a direction permitting him to complete the course and obtain the degree despite exceeding four years. Relying on its earlier decision in W.P.No.15135/2021 and the Pharmacy Council of India's Covid-19 relaxation notification, the Court held the time cap inapplicable and directed the University to evaluate the dissertation and com

What the court decided

AI extract

Mr Hadagali Santhosh Kumara Vs Rajiv Gandhi… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:5230 WP No. 11856 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.11856 OF 2023 (EDN-RES)

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BETWEEN:

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MR. HADAGALI SANTHOSH KUMARA, S/O HADAGALI REVANASIDDAPPA, AGED ABOUT 36 YEARS, UNI.REG.NO.16PU013, R/O NO.D4, POLICE OFFICERS QTRS, 15^TH MAIN ROAD, VASANTHANAGAR, BENGALURU - 560 001.

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…PETITIONER

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[BY SRI ABHISHEK MALIPATIL, ADVOCATE (PH)]

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4^TH T BLOCK, JAYANAGAR, BENGALURU - 560 070. REP. BY ITS REGISTRAR.

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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PHARMACY COUNCIL OF INDIA, NBCC CENTRE, 3^RD FLOOR, PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAI MARG, OKHLA PHASE - I, NEW DELHI - 110 020. REP. BY ITS SECRETARY.

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[BY SRI S.V. SURYAVANSHI, ADVOCATE FOR SRI B.S. SACHIN, ADVOCATE FOR R1 (PH); SRI S.S. HAVERI, ADVOCATE FOR R2]

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DECLARING THAT THE ACTION OF THE RESPONDENT UNIVERSITY IN NOT PERMITTING THE PETITIONER WHO IS ADMITTED TO THE ACADEMIC YEAR 2016-17 TO COMPLETE THE M.PHARM COURSE OF STUDY AND THE AWARD OF THE DEGREE, IS ARBITRARY AND ILLEGAL AND ETC.

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

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NC: 2024:KHC:5230 WP No. 11856 of 2023

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ORDER

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This writ petition is filed seeking for following reliefs:

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"Issue a writ in nature of mandamus or any other appropriate writ or direction, declaring that the action of the respondent University in not permitting the petitioner who is admitted to the academic year 2016-17 to complete the M.Pharm Course of Study and the award of the degree, is arbitrary and illegal and etc."

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2. Sri Abhishek Malipatil, learned counsel for petitioner

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submitted that petitioner was admitted to Master of Pharmacy (M.Pharm) Course with respondent during academic year 20162017, while it was in Annual System. It was submitted that from academic year 2017-2018, respondent introduced Credit Based Semester System (CBSS) scheme. It was submitted that duration of M.Pharm Course is two years i.e., Part-I and Part-II. As per extent regulation, petitioner was required to submit dissertation only on completion of Course and as petitioner/members of petitioner's family had contracted Covid19 virus, he could not submit dissertation within time. Apart from same, it was submitted that insofar as students admitted under Annual System, there was no outer limit for completion of Course and Cap of four years was introduced only after introduction of CBSS scheme.

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NC: 2024:KHC:5230 WP No. 11856 of 2023

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It was submitted that in W.P.no.15135/2021, this

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Court under similar circumstances taking note of relaxation notification issued by respondent no.2 on 09.04.2020 and unforeseen events due to Covid-19 pandemic, had held that Cap on duration for completion of Course could not be applied to students under Annual System and notification issued by respondent no.2 as one time relief would avail even insofar as delay in submission of dissertation. It was therefore submitted that objection of respondents against petitioner that he failed to complete Course within four years and submit dissertation in time would not be sustainable and sought for allowing writ petition.

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On other hand, Sri S.V. Suryavanshi, advocate appearing for Sri Sachin B.S., learned counsel for respondent no.1 sought to oppose writ petition on ground that this Court in W.P.no.15135/2021 taking note of extraordinary circumstances, wherein petitioner therein was unable to submit dissertation due to pregnancy and child birth, had granted relief and even notification issued by respondent no.2 was as a one time measure and could not be availed by petitioner.

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NC: 2024:KHC:5230 WP No. 11856 of 2023

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Heard learned counsel and perused writ petition

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record.

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From above submission, it is seen that petitioner who had got himself admitted to M.Pharm Course in year 201617 seeking for direction to University to permit him to complete Course and to award Degree etc. There is no dispute that petitioner had completed M.Pharm Course and passed examination Part-I in year 2018. Though, Part-II of M.Pharm Course requires submission of dissertation, regulation then in force would require it to be submitted after completion of Course. Outer limit sought to be imposed for completion of Course in four years would end during Covid-19 pandemic period. And respondent no.2 had issued notification giving relaxation due to Covid-19 pandemic for said period. Besides, this Court had held in W.P.no.15135/2021 that outer limit for completion of Course sought to be imposed for CBSS scheme could not be applied to students who were admitted under Annual System. Petitioners therein were also admitted in year 2016 as in case of present petitioner. Thus, outer limit for completion of Course cannot be applied to petitioner. Consequently, there would be no impediment for respondents

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NC: 2024:KHC:5230 WP No. 11856 of 2023

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to accept petitioner's dissertation and consider same for evaluation and thereafter compute results of Degree Course. Thus, writ petition stand disposed of directing respondent no.1 - University to evaluate petitioner's dissertation appended as Annexure-G to writ petition within four weeks and thereafter compute results of M.Pharm Course expeditiously.

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To enable compliance, petitioner is directed to furnish one more hard copy of dissertation to respondent no.1 - University, in appropriate form, within two weeks from today.

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SD/JUDGE

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GRD List No.: 1 Sl No.: 21

Mr Hadagali Santhosh Kumara v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What the court decided

Mr Hadagali Santhosh Kumara v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What the court decided

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