Citation : 2026 Latest Caselaw 2772 Kant
Judgement Date : 27 March, 2026
-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,
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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)
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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
NC: 2026:KHC-K:2819
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
NC: 2026:KHC-K:2819
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
NC: 2026:KHC-K:2819
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
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NC: 2026:KHC-K:2819
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;
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NC: 2026:KHC-K:2819
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
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