Research › Search › Judgment

Karnataka High Court · body

2025 DIGILAW 1425 (KAR)

Karnataka Pharmacy College v. Union Of India

2025-11-26

S.R.KRISHNA KUMAR

body2025
ORDER : S.R.KRISHNA KUMAR, J. 1. In this petition, petitioner seeks the following reliefs: "WHEREFORE, it is prayed that this Hon'ble Court may be pleased to: (a) Issue appropriate Writ, Order or Direction in the nature of Writ of Certiorari quashing the impugned order dated 12-3-2025 bearing No.Aa:OwAa/Yojane/58/2024-25, produced as ANNEXURE-A. (b) Declare that the Chairman and the Inspection team constituted under his guidance and supervision is not competent to inspect the D Pharma Institutions as the same is in violation of the statutory enactments namely the Pharmacy Act and the Rules framed thereunder. (c) Grant such other relief's as this Hon'ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity." 2. Heard learned Senior Counsel for the petitioner, learned DSGI for respondent Nos.1 and 3 and learned HCGP for respondent Nos. 2 and 4 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioner invited my attention to the Pharmacy Act, 1948 and the Regulations framed thereunder in order to point out that insofar as inspection of the Colleges of the petitioner's Association are concerned, it is only, respondent No.3- Pharmacy Council of India, which would have power, jurisdiction and authority of law to conduct such inspection and respondent-State is neither authorized nor empowered to conduct such inspection. It is also pointed out that insofar as Nursing Colleges are concerned, this Court in the case of KARNATAKA STATE PRIVATE MANAGEMENT ASSOCIATION OF HEALTH INSTITUTIONS VS. STATE OF KARNATAKA IN W.P.NO.32106/2024 AND CONNECTED MATTER DECIDED ON 02.05.2025 came to the conclusion that the State Government did not have jurisdiction or authority of law to conduct inspection and it is only the Indian Nursing Council, Karnataka Nursing Council and Rajiv Gandhi University of Health Sciences, who are entitled to conduct such inspection of all Colleges to which they are affiliated. It is, therefore, submitted that the impugned order passed by respondent-State directing inspection of the Colleges which are members of the petitioner's Association is illegal, arbitrary and without jurisdiction or authority of law and contrary to the provisions of the Pharmacy Act, 1948 and the Rules and Regulations made thereunder and the same deserves to be quashed. 4. It is, therefore, submitted that the impugned order passed by respondent-State directing inspection of the Colleges which are members of the petitioner's Association is illegal, arbitrary and without jurisdiction or authority of law and contrary to the provisions of the Pharmacy Act, 1948 and the Rules and Regulations made thereunder and the same deserves to be quashed. 4. Per contra, learned DSGI for respondent No.1- Union of India and respondent No. 3- Pharmacy Council of India, would submit that the State Government is not entitled to conduct inspection and it is a Pharmacy Council of India who would conduct inspection of all Pharmacy Colleges under Section 16 of the Pharmacy Act and appropriate orders may be passed in the present petition. 5. Learned HCGP on behalf of respondent Nos.2 and 4 would support the impugned order. It is submitted that since the requisite 'No Objection Certificate' has to be issued by the State Government before commencement of Pharmacy College, the respondent- State is entitled to conduct inspection and as such, there is no merit in the petition and the same is liable to be dismissed. 6. Before adverting to the rival contentions, it would be necessary to extract the relevant provisions of the Pharmacy Act, 1948. Section 16 and Section 26-A read as under: Section 16: " 16. Inspection.- (1) The Executive Committee may appoint such number of Inspectors as it may deem requisite for the purposes of this Chapter. (2) An Inspector may - (a) inspect any institution which provides an approved course of study; (b) attend at any approved examination; (c) inspect any institution whose authorities have applied for the approval of its course of study or examination under this Chapter, and attend at any examination of such institution. (3) An Inspector attending at any examination under sub- section (2) shall not interfere with the conduct of the examination, but he shall report to the Executive Committee on the sufficiency of every examination he attends and on any other matter in regard to which the Executive Committee may require him to report. (3) An Inspector attending at any examination under sub- section (2) shall not interfere with the conduct of the examination, but he shall report to the Executive Committee on the sufficiency of every examination he attends and on any other matter in regard to which the Executive Committee may require him to report. (4) The Executive Committee shall forward a copy of every such report to the authority or institution concerned, and shall also forward a copy together with any comments thereon which the said authority or institution may have made, to the Central Government and to the Government of the State in which the authority or institution is situated." Section 26A Inspection: "[ 26A. Inspection .-(l) A State Council may, with the previous sanction of the State Government, appoint Inspectors having the prescribed qualifications for the purposes of Chapters III, IV and V of this Act. (2) An Inspector may - (a) inspect any premises where drugs are compounded or dispensed and submit a written report to the Registrar; (b) enquire whether a person who is engaged in compounding or dispensing of drugs is a registered pharmacist; (c) investigate any complaint made in writing in respect of any contravention of this Act and report to the Registrar; (d) institute prosecution under the order of the Executive Committee of the State Council; (e) exercise such other powers as may be necessary for carrying out the purposes of Chapters III, IV and V of this Act or any rules made thereunder. (3) Any person wilfully obstructing an Inspector in the exercise of powers conferred on him by or under this Act or any rules made there under shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both. (4) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).]" 7. A perusal of aforesaid provisions and the other provisions of the Pharmacy Act, will indicate that there is no power either express or implied conferred upon the State Government to conduct inspection and it is exclusive domain of the Pharmacy Council of India to conduct inspection of any Pharmacy College in accordance with law. 8. A perusal of aforesaid provisions and the other provisions of the Pharmacy Act, will indicate that there is no power either express or implied conferred upon the State Government to conduct inspection and it is exclusive domain of the Pharmacy Council of India to conduct inspection of any Pharmacy College in accordance with law. 8. In the instant case, a perusal of the impugned order will indicate that the source of power to conduct inspection has not been traced to any statutory provisions and on the other hand, all that is referred to is, the Pharmacy Council of India Regulations which do not provide for any power for the State Government to conduct inspection. Under these circumstances, I am of the considered opinion that the State Government was neither empowered nor entitled to conduct inspection by passing the impugned order which deserves to be quashed. 9. Under identical circumstances, in relation to Nursing Schools and Colleges, this Court in the case of KARNATAKA STATE PRIVATE MANAGEMENT ASSOCIATION OF HEALTH INSTITUTIONS VS. STATE OF KARNATAKA referred supra, held as under: "11. The points that would arise for determination in the present matters are; 1. Whether the State Government can direct the inspection of Nursing colleges or Institutions by the Deputy Commissioner or are such inspections to be conducted only by RGUHS, INC or KNC? 2. What order? 12. ANSWER TO POINT NO.1: Whether the State Government can direct the inspection of Nursing colleges or Institutions by the Deputy Commissioner or are such inspections to be conducted only by RGUHS, INC or KNC? 12.1.Many submissions have been made by the Petitioners stating that there are expert bodies like RGUHs, INC and KNC who regulate Nursing colleges and Nursing schools and as such, these specialized bodies discharging their functions effectively, there being no complaint against them, the question of the Honorable Minister directing the Deputy Commissioner to conduct inspection would not arise. 12.2. Per contra, the submission made by the State is that in terms of Section 20 and 22 of Act of 1961, a licensing authority can carry out any inspection of any Nursing Institution and also monitor the nurses registered under the said Act. It is on that basis it is contended that there being complaints as regards the working of Nursing colleges/schools, the Deputy Commissioner was called upon to carry out inspection. 12.3. It is on that basis it is contended that there being complaints as regards the working of Nursing colleges/schools, the Deputy Commissioner was called upon to carry out inspection. 12.3. None can dispute the requirement that educational Institutions perform their obligations and provide the necessary infrastructure for the students. None can dispute that Karnataka is regarded as an education hub where students from other States come to avail education. It is also trite that there are several complaints which are received from the students and or the parents as regards the functioning of colleges in general, Nursing colleges and Nursing schools, in particular. These complaints are made in a manner so as to depict as if the Government has not performed its obligation, requiring action to be taken. When such complaints are made, the legal niceties of specialized agencies like RGUHS, INC or KNC being available is not taken into consideration by such complainants since they probably are not aware of the same. It is probably on account of this that the Hon’ble Minister felt the need to direct the Deputy Commissioner to conduct the inspection of the Nursing colleges/schools so as to ascertain if the infrastructure provided is proper and correct and if the colleges are performing their actions in a proper manner. 12.4.The intent of the Hon’ble Minister may be noble and proper and in order to protect the interest of the students and parents, but, however, taking into consideration the legal aspects, these inspections can only be carried out by the concerned specialised agencies, in case of Nursing colleges and schools, by the RGUHS, INC and KNC. Under these Acts, there are specialized persons with special qualifications who are appointed as inspectors, who could carry out such inspections to ascertain whether all the infrastructure and facilities are provided. The Deputy Commissioner, even with the assistance of the specialized agencies, in my considered opinion, cannot substitute the specialized agencies like RGUHS, INC and KNC. 12.5.Though a submission has been made by learned AGA that a policy decision has been taken in this regard and joint task force of the representatives of R.G.U.H.S., I.N.C. and K.N.C. would carry out the inspection, the same is not clear from the impugned order. The impugned order only states that the Deputy Commissioner shall carry out the inspection with the assistance of Nursing subject experts. The impugned order only states that the Deputy Commissioner shall carry out the inspection with the assistance of Nursing subject experts. There is no reference which has been made to the impugned order dated 5-11-2024 to experts under R.G.U.H.S., I.N.C. or K.N.C. Thus, firstly, there is no policy decision which could be said to have been taken by issuance of a letter by the Principal Secretary to Government, Health and Family Welfare Department for Medical Education on the instructions of the Hon’ble Minister, nor does the said letter bear out a joint task force as contended. Thus, the said letter would have to be looked upon as an instruction by the Principal Secretary and not as a policy decision of the State, the same not qualifying as a policy decision. 12.6.If the said letter is looked at as an instruction, then as indicated above, the Deputy Commissioner not having any expertise in educational facilities, the nature of the subject experts, the qualification thereof, not having been indicated in the instruction dated 5-11-2024, I am of the considered opinion that the said letter is completely arbitrary, the exercise of powers by the Deputy Commissioner is unbridled and such inspection is not under any particular enactment. 12.7. Though reference has been made by Ms.Mamata Shetty, learned AGA to Section 20 and 22, the impugned order does not reflect the said provisions nor is the power exercised under the said provisions. Thus, the arguments advanced before this court, in my considered opinion, can only be said to be an afterthought. In that view of the matter, the impugned order not being a policy decision, not having been passed under Section 20 or 22 of KNM Act, as indicated above, is only a direction issued by the Principal Secretary to the Deputy Commissioner. 12.8.Of course, if the order had been issued under Section 20 and 22 of the KNM Act, which is reproduced hereinabove, the licensing authority can exercise general supervision and control over the Nurses, Midwives, auxillary nurse and midwives under Section 20, as also regulate Nurses establishment under Section 22. The licensing authority under Section 22 of KNM Act would have the right to impose additional conditions than that imposed by KNC, INC and RGUHS and the licensing authority could monitor the compliance with the said additional conditions and for that purpose could enter upon the premises specified in licence. The licensing authority under Section 22 of KNM Act would have the right to impose additional conditions than that imposed by KNC, INC and RGUHS and the licensing authority could monitor the compliance with the said additional conditions and for that purpose could enter upon the premises specified in licence. Of course, this power under Section 22 would only extend to the additional conditions imposed by the licensing authority over and above the conditions imposed by KNC, INC and RGUHS. The licensing authority would not have any authority to seek for compliance of the conditions imposed by KNC, INC and RGUHS, which will be the sole prerogative of those Institutions and not of the licensing authority. 12.9. The object sought to be achieved by the Hon’ble Minister and the Principal Secretary are indeed what is required to be done to protect the interest of students, on enquiry with Sri.Shivarudra, as indicated above, he has submitted that the INC is carrying out necessary inspection from time to time. On enquiry with Ms. Jyoti Maradi, learned counsel, appearing for KNC, she submitted that KNC also carries out inspections from time to time. Similar is the submission made by Smt.Mamtha G.Kulkarni, learned Counsel appearing for RGUHS. If that were being so done, then the question of another set of inspections to be carried out by the Deputy Commissioner would not only be a duplicitous effort but, in the present case, could be the fourth such inspection. 12.10.On enquiry as to whether these inspection reports are uploaded on any website and made available to all the concerned, as also for viewing by the students and parents before seeking admission, the Counsels for INC, KNC and RGUHS submit that there is no such system which has been put in place. General Directions 12.11.In that view of the matter, I am of the considered opinion that general directions would have to be issued to these authorities. As such, the following general directions are issued: 1. Indian Nursing Council: The INC is directed to set up a web portal where all the inspection reports are uploaded by the INC, State wise, district wise and college-wise, as regards all aspects which come under the administrative supervision of the INC. As such, the following general directions are issued: 1. Indian Nursing Council: The INC is directed to set up a web portal where all the inspection reports are uploaded by the INC, State wise, district wise and college-wise, as regards all aspects which come under the administrative supervision of the INC. INC is also directed to provide necessary Application Programming Interface (APIs) to RGUHS, KNC and the Health and Family Welfare Department to automatically access the data uploaded by INC on its website with reference to the particular college/school/Institution. 2. Karnataka Nursing Council: The KNC is directed to set up a web portal where all the inspection reports are uploaded by the KNC college-wise, as regards all aspects which come under the administrative supervision of the KNC. KNC is also directed to provide necessary Application Programming Interface (APIs) to RGUHS, INC and the Health and Family Welfare Department to automatically access the data uploaded by KNC on its website with reference to the particular college/school/Institution. 3. RGUHS: The RGUHS is directed to set up a web portal where all the inspection reports are uploaded by the RGUHS college-wise, as regards all aspects which come under the administrative supervision of the RGUHS. RGUHS is also directed to provide necessary Application Programming Interface (APIs) to INC, KNC and the Health and Family Welfare Department to automatically access the data uploaded by RGUHS on its website with reference to the particular college/school/Institution. 4. The above information, data and inspection reports, as regards the infrastructure facility at each of the colleges, schools, Institutions, as also all licenses, sanctions, etc., issued by the concerned authority would have to be uploaded onto the websites of the respective Universities. 5. The details of any litigations that the particular education Institution is involved are to be uploaded. 6. A detailed project report by each of the above organizations to be submitted within a period of six weeks from today from date of receipt of a certified copy of this order. 7. The details of any complaints received by the INC, KNC and RGUHS to be uploaded on their respective web portal with an option to submit an online grievance by any student, parent or teacher/lecturer to be also made available, on the said portal. 8. A grievance redressal mechanism to be also established in this regard by the authority concerned. 13. ANSWER TO POINT NO. 2: What Order? 8. A grievance redressal mechanism to be also established in this regard by the authority concerned. 13. ANSWER TO POINT NO. 2: What Order? 13.1 In view of my answer to Point No.1 above, I pass the following: ORDER i. The writ petition in W.P. No.32185/2024 is allowed. A certiorari is issued and communication bearing reference No.Aa.Sa.Pa.Sum:MED 555 MSF 2024 dated 5.11.2024 at Annexure-B issued by Respondent No.1 is quashed. ii. The writ petition in W.P. No.32106/2024 is allowed in view of the quashing of the said communication in W.P. No.32185/2024, no orders are required to be passed in W.P. No.32106/2024. iii. Liberty is reserved to forward the complaint received by the State Government or any authority under the State Government to RGUHS/INC/KNC who shall take action thereon as expeditiously as possible, keeping such authority informed of such action. iv. Liberty is also reserved to the Licencing authority to take such action as is permissible for violation of the licence. v. Though both the above petitions are disposed of, relist on 15.07.2025 at 2.30 p.m. for reporting compliance with the general directions by the INC, KNC and RGUHS. 10. As held by the Co-ordinate Bench of this Court in the aforesaid order, the State Government is not entitled nor empowered or authorized to conduct inspection of Nursing Schools, Colleges or Institutions which are governed by the Indian Nursing Council Act and power to conduct inspection is conferred upon the RGUHS, Indian Nursing Council and Karnataka Nursing Council and not upon the State Government. 11. As stated supra, in the instant case, in the absence of any statutory provision, rules or regulations which empower, entitle or authorise the State Government to conduct inspection, I am of the considered opinion that the impugned order directing the inspection is without jurisdiction or authority of law and the same deserves to be quashed. 12. 11. As stated supra, in the instant case, in the absence of any statutory provision, rules or regulations which empower, entitle or authorise the State Government to conduct inspection, I am of the considered opinion that the impugned order directing the inspection is without jurisdiction or authority of law and the same deserves to be quashed. 12. Insofar as the contention urged on behalf of the respondents- State that the issuance of NOC by the respondent-State in favour of the Colleges or Members of the petitioner's Association would entitle the respondents-State to conduct inspection, it is needless to state that mere issuance of NOC by the respondent-State for the purpose of enabling the Institutions which are members of the petitioner's Association to commence the Pharmacy College/Institution cannot be made the basis to come to the conclusion that the respondents State would be entitled to conduct inspection, particularly, in the absence of any statutory provision either under the Act, Rules or Regulations and as such, the said contention urged by the respondents-State cannot be accepted, especially, when the NOC has already been issued by the State Government and the State Government would consequently become functus officio and who was not entitled to conduct inspection. Hence, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 12.03.2025 passed by respondent No.4 is hereby quashed.