[Cites 5, Cited by 0]
Karnataka High Court
Ayesha College Of Pharmacy vs Pharmacy Council Of India on 1 April, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2839
WP No. 200697 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. 200697 OF 2025 (EDN-REG)
BETWEEN:
AYESHA COLLEGE OF PHARMACY
(B PHARMACY), NOUSHEEN COLONY,
8TH CROSS, HAGARGA CROSS, RING ROAD
KALABURAGI CITY-585102,
REPRESENTED BY ITS PRINCIPAL,
SMT. ROHINI YERRAM REDDY,
AGED ABOUT 48 YEARS, OCC: PRINCIPAL
R/O ZAM ZAM COLONY, HAGARGA ROAD,
KALABURAGI CITY-585104.
...PETITIONER
(BY SRI. SHRAVAN KUMAR MATH, ADVOCATE)
Digitally signed
by SWETA
KULKARNI AND:
Location: HIGH
COURT OF 1. PHARMACY COUNCIL OF INDIA
KARNATAKA
THROUGH ITS REGISTER-CUM-SECRETARY,
I-300 3RD FLOOR, TOWER-I, WORLD TRADE CENTER,
NAVROJI NAGAR NEW DELHI-110029.
2. THE STATE OF KARNATAKA,
THROUGH DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
REPRESENTED BY SECRETARY,
BENGALURU-560001.
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WP No. 200697 of 2025
HC-KAR
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
KARNATAKA,
REPRESENTED BY ITS REGISTRAR,
4TH BLOCK JAYA NAGAR,
BENGALURU-560041.
...RESPONDENTS
(BY SRI SANJEEVKUMAR 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)
ALLOW THIS WRIT PETITION BY ISSUING A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
OF REJECTION OF APPROVAL TO THE PETITIONER COLLEGE
B.PHARMACY COURSE FOR THE ACADEMIC YEAR 2024-25
WHICH IS AT ANNEXURE-J DATED 07.11.2024 COMMUNICATED
ON 09.12.2024. B) ALLOW THIS WRIT PETITION BY ISSUING A
WRIT OR ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS BY DIRECTING THE RESPONDENTS TO GRANT
APPROVAL TO THE PETITIONER COLLEGE FOR THE ACADEMIC
YEAR 2024-25 FOR THE B. PHARMACY COURSE. C) ALLOW
THIS WRIT PETITION BY ISSUING A WRIT OR ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.3 TO GRANT AFFILIATION TO THE
PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2024-25. FOR
THE. D) TO GRANT ANY OTHER RELIEF TO WHICH THE
PETITIONER COMPANY IS FOUND ENTITLED IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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WP No. 200697 of 2025
HC-KAR
ORAL ORDER
1. In the above captioned writ petition, the
petitioner has sought for a writ of certiorari with a prayer to
quash the impugned order/endorsement dated 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 petitioner 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,
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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
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, the
petitioner-Institution was 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 petitioner had approached this Court and
on the strength of the interim order passed by this Court the
students of the petitioner-Institution was permitted to write
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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
the approval granted by the Pharmacy Council of India in
favour of the petitioner 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 order 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 petitioner has submitted
that, similar order 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
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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 Institution 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 petitioner 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.
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11. Accordingly, the following:
ORDER
(i) The Writ Petition is allowed;
(ii) The impugned order dated 09.12.2024
issued by the Pharmacy Council of India rejecting
the approval for the petitioner-Institution for the
year 2024-2025 is 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 Institution 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.: 1 Sl No.: 47
CT:PK
