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2026 Supreme(Online)(Kar) 21662

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
OXBRIDGE COLLEGE OF PHARMACY – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 33337/2025



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NC: 2026:KHC:18044 WP No. 33337 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO.33337 OF 2025 (EDN-RES)

BETWEEN:

1. OXBRIDGE COLLEGE OF PHARMCY NO.7, 8 AND 9, MAHADESHWARANAGAR

EXTENSION, HEROHALLI CROSS, MAGADI ROAD, VISHWANEEDAM POST,

BENGALURU-560091.

REPRESENTED BY ITS DIRECTOR, MR. AIJAZ ALI KHAN, S/O DR. M. A. KHAN,

AGED ABOUT 58 YEARS.

…PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

AND:

Digitally signed by CHAYA S A Location: HIGH

1. STATE OF KARNATAKA COURT OF KARNATAKA DEPARTMENT OF HEALTH AND

FAMILY WELFARE, MEDICAL EDUCATION DEPARTMENT,

VIKAS SOUDHA, BENGALURU - 560001.

REPRESENTED BY ITS PRINCIPAL SECRETARY.

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NC: 2026:KHC:18044 WP No. 33337 of 2025

HC-KAR

2. DIRECTORATE OF MEDICAL EDUCATION, BENGALURU MEDICAL COLLEGE AND RESEARCH

INSTITUTE (OLD BUILDING), 1ST FLOOR, K. R. ROAD, BENGALURU-560002.

BY ITS DIRECTOR.

3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH 'T' BLOCK, JAYANAGAR,

BENGALURU-560 041.

REP. BY ITS REGISTRAR.

4. PHARMACY COUNCIL OF INDIA, N.B.C.C. CENTRE, 3RD FLOOR,

PLOT NO.2, COMMUNITY CENTRE, MAA ANANDAMAI MARG,

OKHLA PHASE I, NEW DELHI - 110020.

REPRESENTED BY ITS SECRETARY.

…RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1 & R2;

SRI. RAJATH, ADVOCATE FOR R3;

SRI. S.S. HAVERI, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS. 1, 2 TO FORTHWITH GRANT PERMISSION TO THE PETITIONER INSTITUTION TO INCREASE THE INTAKE CAPACITY OF THE B.PHARM COURSE FROM 50 TO 100 SEATS AND TO ADMIT STUDENTS FROM THE ACADEMIC YEAR 2025-26 ONWARDS, IN VIEW OF THE RECOMMENDATIONS OF THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS) DATED 17/12/2024 WITH NO.RGU/AFF/PH-005/2025-26 VIDE ANNEXURE-D AND THE

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NC: 2026:KHC:18044 WP No. 33337 of 2025

HC-KAR

APPROVAL GRANTED BY THE PHARMCY COUNCIL OF INDIA (PCI) VIDE COMMUNICATION DTD. 01/07/2025 AT ANNEXURE- F AND TO PASS SUCH ORDERS AS ARE NECESSARY TO ENABLE THE PETITIONER INSTITUTION TO PARTICIPATE IN THE

ONGOING ADMISSION PROCESS; AND ETC. ETC.

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. Heard learned counsel appearing for the parties.

2. In this Writ Petition, petitioner has sought for a direction to respondent Nos.1 and 2 to grant permission to the petitioner-Institution to increase the intake capacity of petitioner-Institution to the B.Pharm Course, from 50 seats to 100 seats and to admit the students accordingly from the Academic Year 2025-26 onwards, in view of the recommendations of the respondent-University dated 17.12.2024 as at Annexure-D and the approval granted by the respondent No.4 as at Annexure-F to the Writ Petition. The petitioner has also sought for declaration as to Section 45(5) of

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NC: 2026:KHC:18044 WP No. 33337 of 2025

HC-KAR

the Rajiv Gandhi University of Health Sciences Act, 1994 (hereinafter referred to as 'the Act'), does not, ipso facto empower the State Government to conduct independent

inspection of such affiliated Institutions.

3. Heard Sri. Abhishek Malipati, learned counsel for the petitioner, Sri. S.S. Haveri, learned counsel for respondent No.4, Sri. Rajath, learned counsel for respondent No.3 and Smt. Sukanya Baliga B., learned Additional Government

Advocate appearing for the respondent Nos.1 and 2.

4. Sri. Abhishek Malipatil, learned counsel for the petitioner, contended that the respondent No.3-University has accorded permission to increase the intake capacity of the petitioner- Institution to the B.Pharm Course from 50 to 100 seats and to admit the students from the Academic Year 2025-26 onwards. In this regard he referred to Annexures-D and F, wherein, the respondent No.3-University and the respondent No.4, have accorded permission and accordingly, it is contented that the provision contained under Section 45(5) of the Act

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