Sye Societys Sri Siddlingeshwar vs The Pharmacy Council Of India Combined ...

Citation : 2026 Latest Caselaw 2772 Kant
Judgement Date : 27 March, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Sye Societys Sri Siddlingeshwar vs The Pharmacy Council Of India Combined ... on 27 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
                                             -1-
                                                          NC: 2026:KHC-K:2819
                                                         WP No. 200181 of 2025
                                                     C/W WP No. 200281 of 2025
                                                         WP No. 200352 of 2025
                                                                  AND 1 OTHER
                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA

                                      KALABURAGI BENCH

                            DATED THIS THE 27TH DAY OF MARCH, 2026

                                           BEFORE
                        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                        WRIT PETITION NO. 200181 OF 2025 (EDN-REG)
                                             C/W
                        WRIT PETITION NO. 200281 OF 2025 (EDN-REG)
                        WRIT PETITION NO. 200352 OF 2025 (EDN-REG)
                        WRIT PETITION NO. 200468 OF 2025 (EDN-REG)


                   IN WP No. 200181/2025:

                   BETWEEN:

                   SHETTY INSTITUTE OF PHARMACEUTICAL SCIENCES,
                   5TH KM SHAHABAD ROAD KALABURAGI,
                   THROUGH ITS PRINCIPAL.
Digitally signed
by SACHIN
Location: HIGH
                                                                ...PETITIONER
COURT OF           (BY SRI. R. S. KADAGANCHI, ADVOCATE)
KARNATAKA

                   AND:

                   1.   THE PHARMACY COUNCIL OF INDIA COMBINED
                        COUNCILS, BUILDING KOTLA ROAD,
                        AIWAN-E-SHAHI MARG, NEW DELHI-110002,
                        RESPECTED BY ITS REGISTRAR CUM SECRETARY.

                   2.   THE STATE OF KARNATAKA,
                        DEPT. OF HEALTH AND FAMILY WELFARE
                        KARNATAKA GOVT.,
                        SENETARIAT, MS BUILDING,
                           -2-
                                       NC: 2026:KHC-K:2819
                                       WP No. 200181 of 2025
                                   C/W WP No. 200281 of 2025
                                       WP No. 200352 of 2025
                                                AND 1 OTHER
HC-KAR




     BANGALORE -560001.,
     REPRESENTED BY PRINCIPAL SECRETARY.

3.   RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, KARNATAKA,
     THROUGH ITS REGISTRAR,
     4TH BLOCK, JAYA NAGAR,
     BENGALURU-560 041

                                           ...RESPONDENTS

(BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE FOR R1;
 SRI MALLIKARJUN SAHUKAR, AGA FOR R2;
 SRI R.J. BHUSARE, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
REJECTION ORDER/NON-APPROVAL ORDER DATED 07-11-2024
ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-D ONLY IN
SO FAR AS NOT PERMITTING THE ADMISSION FOR THE 1ST
YEAR B-PHARMA FOR ACADEMIC YEAR 2024-25. B) ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
PERMIT THE PETITIONERS COLLEGES TO ADMIT THE
STUDENTS FOR B-PHARMA 1ST YEAR FOR THE ACADEMIC YEAR
2024-2025. C) ISSUE ANY WRIT ORDER OR DIRECTION AS
THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE.

IN WP NO. 200281/2025:

BETWEEN:

SRI VEERABHADRSHWAR EDUCATION TRUST
COLLEGE OF PHARMACY HUMNABAD,
DIST. BIDAR-585330,
THROUGH ITS PRINCIPAL.
                                         ...PETITIONER

(BY SRI. R. S. KADAGANCHI, ADVOCATE)
                           -3-
                                      NC: 2026:KHC-K:2819
                                       WP No. 200181 of 2025
                                   C/W WP No. 200281 of 2025
                                       WP No. 200352 of 2025
                                                AND 1 OTHER
HC-KAR




AND:

1.   THE PHARMACY COUNCIL OF INDIA
     COMBINED COUNCILS, BUILDING KOTLA ROAD,
     AIWAN E SHAHI MARG, NEW DELHI-110002,
     RESPECTED BY ITS REGISTRAR CUM SECRETARY.

2.   THE STATE OF KARNATAKA,
     DEPT. OF HEALTH AND FAMILY WELFARE KARNATAKA
     GOVT., SENETARIAT, MS BUILDING,
     BANGALORE-560001,
     REPRESENTED BY PRINCIPAL SECRETARY.

3.   RAJIV GANDHI UNIVERSITY OF
     HEALTH SCIENCES, KARNATAKA,
     THROUGH ITS REGISTRAR,
     4TH BLOCK, JAYA NAGAR,
     BENGALURU- 560041.
                                      ...RESPONDENTS

(BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE FOR R1;
 SRI MALLIKARJUN SAHUKAR, AGA FOR R2;
 SRI R.J. BHUSARE, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
a) ISSUE A WRIT OF CERTIORARI QUASHING THE ONLINE
COPY OF THE IMPUGNED REJECTION ORDER/NON-
APPROVAL ORDER DATED 16.10.2024 ISSUED BY THE
RESPONDENT NO. 1 AT ANNEXURE-F ONLY IN SO FAR AS
NOT PERMITTING THE ADMISSION FOR 1ST       YEAR D-
PHARM, M-PHARM PHARMACEUTICS AND B-PHARM
COURSES FOR THE ACADEMIC YEAR 2024-25. b) ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
PERMIT THE PETITIONERS COLLEGES TO ADMIT THE
STUDENTS FOR D-PHARM, M-PHARM, PHARMACEUTICS
AND B-PHARM COURSES 1ST YEAR FOR THE ACADEMIC
YEAR 2024-25. c) ISSUE ANY WRIT ORDER OR DIRECTION
AS THIS HONOURABLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.
                           -4-
                                     NC: 2026:KHC-K:2819
                                      WP No. 200181 of 2025
                                  C/W WP No. 200281 of 2025
                                      WP No. 200352 of 2025
                                               AND 1 OTHER
HC-KAR




IN WP NO. 200352/2025:

BETWEEN:

ADITY COLLEGE OF PHARMACY BHALKI,
TQ BHALKI, DIST.BIDAR,
THROUGH ITS PRINCIPAL.

                                        ...PETITIONER

(BY SRI. R S KADAGANCHI, ADVOCATE)

AND:

1.   THE PHARMACY COUNCIL OF INDIA
     COMBINED COUNCILS BUILDING KOTLA ROAD,
     AIWAN E SHAHI MARG, NEW DELHI-110002.
     RESPECTED BY ITS REGISTRAR CUM SECRETARY.

2.   THE STATE OF KARNATAKA,
     DEPT OF HEALTH AND FAMILY WELFARE,
     KARNATKA GOVT., SENETARIAT, MS BUILDING
     BANGALORE-560001.
     REPRESENTED BY PRINCIPAL SECRETARY.

3.   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
     KARNATAKA,
     THROUGH ITS REGISTRAR,
     4TH BLOCK JAYA NAGAR,
     BENGALURU-560041.

                                     ...RESPONDENTS

(BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE FOR R1;
 SRI MALLIKARJUN SAHUKAR, AGA FOR R2;
 SRI R.J. BHUSARE, ADVOCATE FOR R3)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF CERTIORARI QUASHING THE
                           -5-
                                     NC: 2026:KHC-K:2819
                                      WP No. 200181 of 2025
                                  C/W WP No. 200281 of 2025
                                      WP No. 200352 of 2025
                                               AND 1 OTHER
HC-KAR




IMPUGNED REJECTION ORDER/NON-APPROVAL ORDER
DATED 07-11-2024 ISSUED BY THE RESPONDENT NO.1 AT
ANNEXURE-E ONLY IN SO FAR AS NOT PERMITTING THE
ADMISSION FOR THE 1ST     YEAR B-PHARMA FOR THE
ACADEMIC YEAR 2024-25. B) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO PERMIT
THE PETITIONERS COLLEGES TO ADMIT THE STUDENTS
FOR B-PHARMA 1ST YEAR FOR THE ACADEMIC YEAR 2024-
2025. C) ISSUE ANY WRIT ORDER OR DIRECTION AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE.


IN WP NO. 200468/2025:

BETWEEN:

1.   SYE SOCIETYS SRI SIDDLINGESHWAR
     SRI SIDDLINGESHWAR COLLEGE OF PHARMACY,
     NAUBAD, DIST BIDAR-585330,
     THROUGH ITS PRINCIPAL.

2.  S. S. SAINATH COLLEGE OF PHARMACY
    CHITTA ROAD, OPPOSITE CHURCH GANDI GUNJ,
    BIDAR,
    THROUGH ITS PRINCIPAL.
                                      ...PETITIONERS
(BY SRI. R S KADAGANCHI, ADVOCATE)

AND:

1.   THE PHARMACY COUNCIL OF INDIA
     COMBINED COUNCILS,
     BUILDING KOTLA ROAD, AIWAN E SHAHI MARG,
     NEW DELHI 110002.,
     RESPECTED BY ITS REGISTRAR CUM SECRETARY.

2.   THE STATE OF KARNATAKA,
     DEPT OF HEALTH AND FAMILY WELFARTE,
     KARNATAKA GOVT SENETARIAT, MS BUILDING
     BANGALORE 560001.
                                  -6-
                                              NC: 2026:KHC-K:2819
                                              WP No. 200181 of 2025
                                          C/W WP No. 200281 of 2025
                                              WP No. 200352 of 2025
                                                       AND 1 OTHER
HC-KAR




     REPRESENTED BY PRINCIPAL SECRETARY.

3.   RAJIV GANDHI UNIVERSITY
     OF HEALTH SCIENCES, KARNATAKA,
     THROUGH ITS REGISTRAR,
     4TH BLOCK JAYA NAGAR, BENGALURU- 560041

                                             ...RESPONDENTS

(BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE FOR R1;
 SRI MALLIKARJUN SAHUKAR, AGA FOR R2;
 SRI R.J. BHUSARE, ADVOCATE FOR R3)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF CERTIORARI QUASHING THE
IMPUGNED REJECTION ORDER/ NON- APPROVAL ORDER
DATED 07.11.2024 ISSUED BY THE RESPONDENT NO.1 AT
ANNEXURE-F AND F1 ONLY IN SO FAR AS NOT
PERMITTING THE ADMISSION FOR THE 1ST      YEAR D-
PHARM, AND B-PHARM COURSES FOR THE ACADEMIC YEAR
2024-25. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO PERMIT THE PETITIONERS COLLEGES
TO ADMIT THE STUDENTS FOR D-PHARM AND B-PHARM
COURSES 1st YEAR FOR THE ACADEMIC YEAR 2024-2025.
C) ISSUE ANY WRIT ORDER OR DIRECTION AS THIS
HONOURABLE COURT DEEMS FIT IN THE CIRCUMSTANCES
OF THE CASE.

    THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                           ORAL ORDER

1. In the above captioned writ petitions, the petitioners have sought for a writ of certiorari with a prayer to quash the impugned order/endorsement dated -7- NC: 2026:KHC-K:2819 WP No. 200181 of 2025 C/W WP No. 200281 of 2025 WP No. 200352 of 2025 AND 1 OTHER HC-KAR 09.12.2024 issued by the Pharmacy Council of India, rejecting the approval of the petitioner-Institution for the year 2024-25 and also to direct the respondents to grant approval for the said year.

2. Heard the learned counsel for the parties. 3 Learned counsel for the petitioners submits that, for the academic year 2025-2026, the Pharmacy Council of India has granted approval in favour of the petitioner Institution. In identical circumstances, the co-ordinate Bench of this Court in W.P.No.7801/2025 taking into consideration that the petitioner-Institution was granted approval for the academic year 2025-2026 has allowed the writ petition with consequential directions. He submits that, similar orders were passed in favour of various institutions and therefore, the said benefit may be extended even to the petitioner- Institution.

4. Per contra, learned counsel appearing for the Pharmacy Council of India placing reliance on the Judgment of the Hon'ble Supreme Court in the case of Central Council -8- NC: 2026:KHC-K:2819 WP No. 200181 of 2025 C/W WP No. 200281 of 2025 WP No. 200352 of 2025 AND 1 OTHER HC-KAR for Indian Medicine Vs. Karnataka Ayurveda Medical College and others, reported in 2022 LiveLaw (SC) 365, submits that, merely for the reason that for the subsequent year the approval has been granted, the same would not enure to the benefit of the Institution even for the year academic year. Accordingly, he prays to dismiss the petition.

5. The material on record would go to show that, all the petitioner-Institutions were granted approval for admitting students to B-Pharmacy Course prior to the academic year 2024-2025 and it is only for the year 2024-25 their prayer for granting approval was rejected. It is under these circumstances, the petitioners had approached this Court and on the strength of the interim order passed by this Court the students of the petitioner-Institutions were permitted to write the first year B-Pharmacy Course examinations that was held for the academic year 2024- 2025.

6. Learned counsel for the petitioner has filed a memo in each of this writ petition and has produced copy of -9- NC: 2026:KHC-K:2819 WP No. 200181 of 2025 C/W WP No. 200281 of 2025 WP No. 200352 of 2025 AND 1 OTHER HC-KAR the approval granted by the Pharmacy Council of India in favour of the petitioners for the academic year 2025-2026.

7. In identical circumstances, the co-ordinate Bench of this Court in W.P.No.7801/2025 disposed of on 15.12.2025 taking into consideration that the similarly situated Institution at Bengaluru was granted approval for the academic year 2025-2026, has disposed of the said writ petition quashing similar impugned orders dated 09.12.2024 wherein, the approval for the academic year 2024-2025 was rejected by the Pharmacy Council of India.

8. Learned counsel for the petitioners has submitted that, similar orders have been passed in favour of many other institutions situated across the State and none of the orders have been questioned till date. The said submission is not seriously disputed by the learned counsel appearing for the Pharmacy Council of India.

9. If that is so, I do not find any good reason as to why the petitioner Institutions also should not be extended

- 10 -

NC: 2026:KHC-K:2819 WP No. 200181 of 2025 C/W WP No. 200281 of 2025 WP No. 200352 of 2025 AND 1 OTHER HC-KAR the very same benefit which has been extended to similarly situated other institutions in other parts of the State.

10. The Judgment in the case of Central Council for Indian Medicine, (supra) on which reliance has been placed by the learned counsel for the respondent has been passed after considering the provisions of Indian Medicine Central Council Act, 1970, and the regulations framed under the said Act. When similarly situated other institutions who are covered by the provisions of the Pharmacy Act, 1948 and the regulations framed therein have been extended the benefit of the order passed by the co-ordinate Bench of this Court in W.P.No.7801/2025, I do not find any good ground to reject the same to the petitioners herein, more so, when the orders passed by the co-ordinate Bench of this Court has not been assailed by the Pharmacy Council of India till date.

11. Accordingly, the following:

ORDER
(i) Writ Petitions are allowed;

- 11 -

NC: 2026:KHC-K:2819 WP No. 200181 of 2025 C/W WP No. 200281 of 2025 WP No. 200352 of 2025 AND 1 OTHER HC-KAR

(ii) The impugned order dated 09.12.2024 issued by the Pharmacy Council of India rejecting the approval for the petitioner-Institutions for the year 2024-2025 are quashed;

(iii) The respondents are directed to open the website/portal and permit the petitioner/students to upload the details of the students and also permit the students of the petitioner Institutions to attend the ensuing examination for the academic year 2025-2026, i.e. scheduled to commence from 07.04.2026 without there being any delay.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 2 Sl No.: 0