IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.24061 OF 2022 (EDN-RES)

BETWEEN:

K.T.G COLLEGE OF PHARMACY MANAGED AND RUN BY K.T.G EDUCATIONAL TRUST (R)

SITUATED AT NO.93, SRIGANDADAKAVAL HEGGANAHALLI CROSS BANGALORE - 560091 REPRESENTED BY ITS SECRETARY SMT.G.ANURADHA W/O SRI.K.T.GOVINDE GOWDA AGED ABOUT 63 YEARS …PETITIONER (BY SRI.C.G.DILEEP GOWDA, ADVOCATE)

Digitally signed AND:

by CHAITHRA A Location: HIGH COURT OF KARNATAKA 1. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^TH 'T' BLOCK, JAYANAGAR BANGALORE-560041 REPRESENTED BY ITS REGISTRAR

2. THE STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT VIKAS SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

3. THE PHARMACY COUNCIL OF INDIA NBCC CENTRE, 3^RD FLOOR, PLOT NO.2 COMMUNITY CENTRE, MAA ANANDAMAI CENTRE OKHLA PHASE-1 NEW DELHI - 110020 REPRESENTED BY ITS REGISTRAR CUM SECRETARY …RESPONDENTS (BY SRI. SACHIN B S, ADVOCATE FOR R.1;

SRI.MANJUNATH K, HCGP FOR R.2;

SRI.S.S.HAVERI, ADVOCATE FOR R.3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REJECTION OF PROPOSAL VIDE LETTER UNDER REF NO.ACA/AFF /F/PH-190/2022.23 DATED 17.10.2022 UNDER ANNEXURE-A ISSUED BY THE R1 HOLDING THE SAME AS ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING -

B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks for the following reliefs;

"(i). Issue a writ of Certiorari or any other Writ/Order/

Direction to quash the Rejection of proposal vide Letter under Ref No.ACA/AFF/F/PH-190/2022-23 dated 17/10/2022, under ANNEXURE-A issued by the 1^st Respondent holding the same as arbitrary, illegal and not sustainable in law.

(ii) Issue a Writ of Certiorari or any other Writ/Order/

Direction to quash the Decision taken by 3^rd Respondent in 371^st Executive Committee held on 08/08/2022 rejecting the application for approval of Petitioner College, under ANNEXURE-B holding the same as arbitrary, illegal and not sustainable in law.

(iii) Issue a Writ of Mandamus or any other Writ/Order/

Direction directing the Respondents No.1 to 3 to issue Consent Affiliation, NOC and Approval/Permission to Petitioner College for conducting additional B.Pharm Course for the academic year 2022-23 or for next academic year i.e., 2023-24 with intake of

100 seats.

(iv) Grant such other reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity."

2. After arguing the matter for sometime, the learned counsel for the petitioner submits that having regard to the LIC Report of the petitioner - Institution, wherein the inspection was conducted on 23.06.2021 as well as the Inspection Report dated 01.08.2022 at Annexure-N, both of which are in favour of the petitioner, the present petition may be disposed of reserving liberty in favour of the petitioner to file a fresh/new application for grant of approval for admission for B.Pharm course into the petitioner - college for the academic year 2026-27 and by directing the respondents to consider the said application without reference to Annexure-A dated 17.10.2022 and Annexure-B dated 08.08.2022 within a stipulated time frame and by leaving open all contentions. It is also submitted that since the petitioner has already paid the affiliation fees and processing fee, as can be seen from the payment receipt in Annexure-M dated 24.12.2021 and Annexure-S dated 03.10.2022, the respondents may be directed not to call upon the petitioner to make additional payment in this regard.

3. Per contra, learned counsel for respondent No.1 - The Rajiv Gandhi University of Health Sciences (for short 'RGUHS') submits that if the petitioner files an application in the prescribed format along with all relevant documents, resp