[Cites 5, Cited by 0]
Karnataka High Court
Mte Foundations vs The Pharmacy Council Of India on 1 April, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2853
WP No. 200469 of 2025
C/W WP No. 200614 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200469 OF 2025 (EDN-REG)
C/W
WRIT PETITION NO. 200614 OF 2025 (EDN-REG)
IN WP No. 200469/2025:
BETWEEN:
MTE FOUNDATION'S
BIDAR INSTITUTE OF PHARMACY BIDAR
MOTHER TERESA EDUCATION FOUNDATION S BIDAR
INSTITUTE OF PHARMACY MANHALLI ROAD,
BIDAR,
THROUGH ITS PRINCIPAL.
...PETITIONER
(BY SRI R. S. KADGANCHI, ADVOCATE)
Digitally signed
by SWETA
KULKARNI AND:
Location: HIGH
COURT OF
KARNATAKA 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.
-2-
NC: 2026:KHC-K:2853
WP No. 200469 of 2025
C/W WP No. 200614 of 2025
HC-KAR
3. MEMBER OF SECRETARY
BOARD OF EXAMINING AUTHORITY
(D PHARMACY) 3RD FLOOR,
GOVT COLLEGE OF PHARMACY, SUBBAIAH CIRCLE,
DR. KALINGA ROAD BANGALORE -560027.
...RESPONDENTS
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE FOR R1;
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL
FOR THE RECORDS AND a) ISSUE A WRIT OF CERTIORARI
QUASHING THE IMPUGNED REJECTION ORDER DATED
16.10.2024 AT ANNEXURE-D; b) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT NO. 3 TO PERMIT THE
PETITIONERS COLLEGES TO ADMIT THE STUDENTS FOR D-
PHARMA 1ST YEAR FOR THE ACADEMIC YEAR 2024-2025; c)
ISSUE ANY WRIT ORDER OR DIRECTIONS AS THIS COURT
DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.
IN WP NO. 200614/2025:
BETWEEN:
KHASIMBEE SAHEBA COLLEGE OF PHARMACY
R/O KALABURAGI TQ AND DIST KALABURAGI,
THROUGH ITS PRINCIPAL.
...PETITIONER
(BY SRI R. S. KADGANCHI, 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
-3-
NC: 2026:KHC-K:2853
WP No. 200469 of 2025
C/W WP No. 200614 of 2025
HC-KAR
KARNATAKA GOVT. SENETARIAT, MS BUILDING
BANGALORE -560001,
REPRESENTED BY PRINCIPAL SECRETARY.
3. MEMBER OF SECRETARY
BOARD OF EXAMINING AUTHORITY (D PHARMACY)
3RD FLOOR, GOVT COLLEGE OF PHARMACY,
SUBBAIAH CIRCLE, DR. KALINGA ROAD,
BANGALORE -560027.
...RESPONDENTS
(BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE FOR R1;
SRI VIRANAGOUDA M. BIRADAR, AGA FOR R2 & 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 DATED 07.11.2024 COMMUNICATED ON
09.11.2024 AT ANNEXURE-E; B) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 TO PERMIT
THE PETITIONER COLLEGE TO ADMIT THE STUDENTS FOR D-
PHARMA 1ST YEAR FOR THE ACADEMIC YEAR 2024-2025; C)
ISSUE ANY WRIT ORDER OR DIRECTION AS THIS 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
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HC-KAR
06.11.2024 in W.P.No.200469/2025 and 09.12.2024 in
W.P.No.200614/2025 issued by the Pharmacy Council of
India, rejecting the approval of the petitioners-Institutions
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 petitioners
Institutions. 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
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HC-KAR
of the Hon'ble Supreme Court in the case of Central Council
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 petitioners-Institutions were granted approval for
admitting students to D-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 petitioners-Institutions were
permitted to write the first year D-Pharmacy Course
examinations that was held for the academic year 2024-
2025.
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HC-KAR
6. Learned counsel for the petitioners has filed a
memo in each of this writ petition and has produced copy of
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.
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HC-KAR
9. If that is so, I do not find any good reason as to
why the petitioners-Institutions also should not be extended
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:
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HC-KAR
ORDER
(i) Writ Petitions are allowed;
(ii) The impugned orders dated
06.11.2024 and 09.12.2024 issued by the
Pharmacy Council of India rejecting the approval
for the petitioners-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
petitioners-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
SWK
List No.: 2 Sl No.: 2
CT:PK
