SHREEDEVI COLLEGE OF PHARMACY v. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION
2017-02-02
A.N.VENUGOPALA GOWDA
body2017
DigiLaw.ai
ORDER : These petitions were filed to quash a communication as at Annexure-L of Rajiv Gandhi University of Health Sciences, Karnataka insofar as it is concerned to petitioner No.2 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 No.2 to the first year B.Pharm Course 20132014 batch and permit her to prosecute the course. 2. Heard Sri Omkar Kambi, 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 09.06.2014, as an adinterim measure, the respondents were directed to permit petitioner No.2 to take up the final examination of the first year B.Pharm Course which was scheduled to commence on 19.06.2014, by collecting the examination fee and by issuance of hall ticket. 4. Undisputedly, petitioner No.2 having been issued with the admission ticket has taken the examination. The result of the examination was declared pursuant to the order passed on I.A.No.1/2014, on 14.11.2014. Petitioner No.2 is 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 No.2 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 communication as at Annexure-L, having been reviewed pursuant to the decision taken by the Council in the meeting held in June, 2015 and the certificate of petitioner No.2 produced being equivalent to 10+2 examination conducted by the Government of Karnataka, the communication issued by respondent No.3 vide Annexure-L 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 No.2 can continue her 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 No.2 can continue her 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 Annexure-L. However, respondent No.3 is directed to approve the admission of petitioner No.2 to the course of study i.e., B. Pharm. The petitions stand disposed of accordingly with no order as to costs.