NARGUND COLLEGE OF PHARMACY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are aggrieved by the non-approval of the admission of the petitioners students to B-Pharma Course from the academic year 2013-14 in the 1st petitioner-Institution.

(2.) It is contended that the petitioner No.1 is a premier Institution established in the year 2005 imparting education to the students. The Institution was permitted to start Pharmacy Courses (B-Pharma, D-Pharma and M-Pharma courses) by the Pharmacy Council of India and AICTE. The Courses of B. Pharma, M. Pharma and D. Pharma offered by the petitioner- Institution is affiliated to the Rajiv Gandhi University of Health Sciences-Respondent No.2 for the academic year 2013-2014. The respondent No.2-University having fixed the last date for admission as 30.7.2013, it is contended that the 1st petitioner- Institution due to difficulties faced with the web-portal of the respondent-University was unable to upload the names of the 45 students including that of the petitioner Nos.2 to 6 herein on to the Web-portal of Respondent No.2- University. Several representations made to respondent No.2 not being responded, the petitioners had approached this Court in W.P. No. 18627-656/2014. This Court vide order dated 28.4.2014 directed the respondent No.2 to consider the approval of the admissions of the students for the academic year 2013-2014 including that of the petitioners on payment of penalty of Rs.2000.00 per student, subject to meeting eligibility criteria. The 2nd respondent-University issued an endorsement dated 18.12014 (Annexure-A) holding that on verification of the Passport and Visa of the students, their entry into India, is shown to be after the last date of admission i.e. on 30.7.2013. Hence, 2nd respondent-University proceeded to direct discharge of the said students. Aggrieved by the said communication/order at Annexure-A, the petitioners have filed these petitions.

(3.) Learned Counsel Sri. Abhishek Malipatil appearing for the petitioners would contend that the representations issued by the petitioners and the affidavit statement to the University clearly goes to show that the petitioners-students were present in India before 30.7. 2013 and have attended the classes in the 1st petitioner-Institution. The non-consideration of the same is arbitrary and illegal. In W.P. No. 18627-656/2014 disposed of on 28.4.2014, this Court has directed the respondent-University to approve the admissions of the petitioners subject to payment of penalty in a sum of Rs.2000.00 per student and the petitioners meeting other academic eligibility criteria