LAWS(KAR)-2017-3-76

VICE-PRINCIPAL, OXBRIDGE COLLEGE OF PHARMACY Vs. REGISTRAR, RAJIV GANDHI UNIVERSITY HEALTH SCIENCES, BANGALORE

Decided On March 30, 2017
Vice-Principal, Oxbridge College Of Pharmacy Appellant
V/S
Registrar, Rajiv Gandhi University Health Sciences, Bangalore Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioners have challenged the order of the respondent No.1 at Annexure-A to the writ petition.

(3.) The petitioner Nos.2 to 6 are the students of the petitioner No.1 college. These students had approached this Court in Writ Petition Nos.27570/2014 and connected matters, seeking for a direction to direct the first respondent university to grant approval to the admission of the students of the petitioner No.1 college. This Court by order dated 1st July, 2014, placing reliance on the order passed by this Court in Writ Petition Nos.18613-626/2014 disposed on 28.04.2014, has directed the first respondent to approve the admissions of the students of the petitioner college and allow them to take examination subject to payment of penalty in a sum of Rs.2,000.00 per student and the students meeting other academic eligibility criteria. Penalty directed to be borne by the petitioner college. It is the grievance of the petitioners that despite the directions issued by this Court in the said writ petitions, the respondent No.1 university has issued the order dated 18.12.2014 (Annexure-A) directing the petitioner No.1 to discharge the petitioner Nos.2 to 6 as their admissions not being approved since, on verification of passport/visa it was found that the date of their entry into India was subsequent to the last date of commencement of course i.e., 30.07.201 The learned counsel submits that the respondent No.1 university cannot re-open the issue which has already reached finality in terms of the order passed by this Court in Writ Petition Nos.27570/2014 and connected matters. In- deed, affidavits are also submitted by the petitioners to the effect that the College Authorities had conducted extra classes to cover up the earlier portions. In such circumstances, there is no impediment to the respondent No.1 university to approve the admissions of the students who have appeared for the examination of B. Pharma pursuant to the interim orders passed by this Court and are completing the course by May, 2017.