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2017 DIGILAW 255 (KAR)

SRINIVAS COLLEGE OF PHARMACY ARKULA v. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION

2017-02-02

A.N.VENUGOPALA GOWDA

body2017
ORDER : These petitions were filed to quash communications as at Annexures-A and A1 of Rajiv Gandhi University of Health Sciences, Karnataka insofar as it is concerned to petitioner Nos.2 and 3 and for a mandamus as against the respondents to issue a formal order of equivalency declaring the Senior Secondary School Examination (10+2) conducted by the National Institute of Open Schooling to be equivalent to PUC examinations conducted by the Government of Karnataka and for a direction as against Rajiv Gandhi University of Health Sciences, Karnataka to approve the admission of petitioner Nos.2 and 3 to the first year B.Pharm Course 20132014 batch and permit them to prosecute the course. 2. Heard Sri Abhishek Malipatil, learned advocate appearing for the petitioners and Sri. H.T. Narendra Prasad, learned AGA. Sri N.K. Ramesh, Sri S.S. Haveri and Sri. C. Shashikantha, learned counsel appearing for the respondents. 3. On 18.06.2014, as an adinterim measure, the respondents were directed to permit petitioner Nos.2 and 3 to take up the examination of the first year B. Pharm Course which was scheduled to commence from 19.06.2014. 4. Undisputedly, petitioner Nos.2 and 3 having been issued with the admission tickets have taken the examination. Petitioner Nos.2 and 3 are prosecuting the course. 5. Learned counsel for the petitioners produced a copy of communication dated 10.07.2015 of Pharmacy Council of India addressed to the Under Secretary, Ministry of Health and Family Welfare, Department of Health and Family Welfare, New Delhi. The same is taken on record. 6. Sri S.S. Haveri, learned advocate appearing for respondent Nos.2 and 3 submitted that first policy decision taken earlier having been taken note of by the Rajiv Gandhi University of Health Sciences, Karnataka, resulting in issue of impugned communications as at Annexures-A and A1, having been reviewed pursuant to the decision taken by the Council in the meeting held in June, 2015 and the certificate of petitioner Nos.2 and 3 produced being equivalent to 10+2 examination conducted by the Government of Karnataka, the communication issued by respondent No.4 vide Annexures-A and A1 has become inoperative. He further submitted that in view of the reviewed policy decision of the Central Council of PCI in its meeting held in June, 2015, petitioner Nos.2 and 3 can continue their course of study. 7. Submission of Sri S.S. Haveri, learned counsel stands recorded. 8. He further submitted that in view of the reviewed policy decision of the Central Council of PCI in its meeting held in June, 2015, petitioner Nos.2 and 3 can continue their course of study. 7. Submission of Sri S.S. Haveri, learned counsel stands recorded. 8. In view of the above, it is unnecessary to quash Annexures-A and A1. However, respondent No.4 is directed to approve the admission of petitioner Nos.2 and 3 to the course of study i.e., B.Pharm. The petitions stand disposed of accordingly with no order as to costs.