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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Karnataka Pharmacy College – Appellant
Versus
Union Of India – Respondent
ORDER :
S.R.KRISHNA KUMAR, J.
1. In this petition, petitioner seeks the following reliefs:
"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to:
(a) Issue appropriate Writ, Order or Direction in the nature of Writ of Certiorari quashing the impugned order dated 12-3-2025 bearing No.Aa:OwAa/Yojane/58/2024-25, produced as ANNEXURE-A.
(b) Declare that the Chairman and the Inspection team constituted under his guidance and supervision is not competent to inspect the D Pharma Institutions as the same is in violation of the statutory enactments namely the Pharmacy Act and the Rules framed thereunder.
(c) Grant such other relief's as this Hon'ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity."
2. Heard learned Senior Counsel for the petitioner, learned DSGI for respondent Nos.1 and 3 and learned HCGP for respondent Nos. 2 and 4 and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioner invited my attention to the Pharmacy Act, 1948 and the Regulations framed thereunder in order to point out t
The State Government lacks authority to conduct inspections of Pharmacy institutions, which is expressly reserved for the Pharmacy Council of India under the Pharmacy Act, 1948.
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The NCTE Act grants exclusive authority to the NCTE for recognition and de-recognition of educational institutions, limiting the State's role to a formal approval process.
The court established that the State Government must create rules for the qualifications and duties of Inspectors under the Pharmacy Act 1948, as their roles are distinct from those under the Drugs a....
The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
The State can prescribe additional qualifications for Drug Inspectors beyond the minimum qualifications set by Central rules without contravening them.
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