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Judgment
The present petition has been filed by the student of respondent No.5-Institution seeking issuance of writ of certiorari to set aside the revised Notification at Annexure-'H', and to issue a writ in the nature of mandamus to direct respondents Nos.2 and 3 to permit and approve the migration sought to the respondent No.8 - Institution.
The matter was heard on various dates.
Learned counsel appearing for the respondent-Rajiv Gandhi University of Health Sciences [RGUHS], Karnataka, Bengaluru would submit that the Regulations of RGUHS at Annexure-'H' has certain inbuilt restrictions and are narrower than the Regulations of the Pharmacy Council of India at Annexure-'J'.
Learned counsel Sri. S.S.Haveri, appearing for respondent No.9 - Pharmacy Council of India submitted that the Regulations at Annexure-'J' are the appropriate Guidelines and the case of the petitioner may be considered in terms of the said Regulations.
Learned counsel for the petitioner has raised various submissions including hardship. Under the peculiar facts of the case, it would be appropriate to direct respondents Nos.2 and 3 to consider the request of the petitioner for migration from respondent No.5-Institution to the respondent No.8 - Institution, in terms of the Regulations at Annexure-'J'.
Learned counsel for the petitioner submits that respondent Nos.5 and 8 have already expressed their intention by virtue of No Objection Certificate (NOC), however, learned counsel appearing for RGUHS submits that such NOCs may be forwarded by respondents Nos.6 and 8 to respondents Nos.2 and 3. Upon such NOCs from the respective Institutions regarding request for migration is forwarded to respondents No.2 and 3, appropriate decision may be taken within a period not later than ten (10) days from the date of receipt of NOCs from the said Institutions. It is open to respondents No.5 and 8 to either issue fresh NOCs or forward NOCs earlier issued to RGUHS within an outer limit of three days on written request by the petitioner.
In light of the petition having been filed on 21.09.2026, the time taken till appropriate order is passed by RGUHS may result in the petitioner not attending the classes till such time. In the peculiar facts of the case, as the present petition itself was filed on 21.09.2026, RGUHS University and the Institutions may pass appropriate internal orders insofar as attendance for the period from commencement of class till communication of order on the request of migration is made.
Accordingly, the writ petition is disposed of.