Karnataka HC Orders State To Deputate Pharmacy Officer For MPharm, As His Admission Preceded Staff-Relief Circular

In brief

The question

Whether the Department’s endorsement refusing to relieve the petitioner for higher studies was consistent with the circular dated 6 December 2025, which the Court understood to operate prospectively.

The court held

The Court allowed the petition and set aside the endorsement dated 26 December 2025.

It also directed

It directed the respondents to relieve the petitioner from duty and depute him forthwith to pursue the M.Pharmacy course at Government College of Pharmacy, Bengaluru, and observed that the college should permit him to pursue the course in accordance with its communication.

No costs were ordered.

01Facts

The petitioner, a Pharmacy Officer employed by the State Health Department, obtained a no-objection certificate (NOC) to sit the entrance examination for an M.Pharmacy course.

pp. 2–4, 6–10

After securing admission at Government College of Pharmacy, Bengaluru, and paying the required fees, he sought to be relieved from duty to pursue the course on deputation.

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The Department refused his request by endorsement dated 26 December 2025, relying on a circular dated 6 December 2025 restricting the release of in-service candidates.

pp. 2–4, 6–10

The petitioner challenged the endorsement under Articles 226 and 227 of the Constitution.

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The Court also considered the circular, the NOC, a communication from the petitioner’s Primary Health Centre indicating that alternative arrangements could be made, and the college’s confirmation that the petitioner could join the course from November 2026.

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02Issues

i.Whether the Department’s endorsement refusing to relieve the petitioner for higher studies was consistent with the circular dated 6 December 2025, which the Court understood to operate prospectively.

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ii.Whether the petitioner was entitled to be relieved and deputed to pursue the M.Pharmacy course, given the NOC, his admission and the college’s confirmation that he could join in November 2026.

pp. 8–10

03Law Applied

The Court considered Articles 226 and 227 of the Constitution, under which it reviewed the challenged administrative endorsement.

p. 2

It also referred to Rule 61 and Appendix IIA, paragraph I, of the Karnataka Civil Services Rules (KCS Rules), which the petitioner invoked as the basis for seeking deputation for higher education.

p. 2

The Court’s decision turned on its reading of the Department’s circular dated 6 December 2025: because the circular was prospective, it did not justify refusing the petitioner’s request in the circumstances of his prior NOC and admission.

pp. 8–9

04Reasoning

The Court found that the petitioner had received an NOC, obtained admission, paid the fees and had his admission approved by the Rajiv Gandhi University of Health Sciences.

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It also noted the Primary Health Centre’s indication that it could arrange cover for his duties.

pp. 8–10

In the Court’s view, the Department’s reliance on the 6 December 2025 circular was misplaced because the circular operated prospectively and the petitioner’s circumstances—including the NOC and admission—preceded the refusal.

pp. 8–10

The college’s confirmation that he could join the course from November 2026 further supported granting relief.

pp. 8–10