REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.390 OF 2021
VIIT PHARMACY COLLEGE AND ANOTHER ...PETITIONER(S)
VERSUS
DR. A.P.J. ABDUL KALAM TECHNICAL
UNIVERSITY AND ANOTHER ...RESPONDENT(S)
O R D E R
B.R. GAVAI, J.
The petitioners have approached this Court seeking a direction to
the respondent No.1-Dr. A.P.J. Abdul Kalam Technical University
(hereinafter referred to as the ‘University’) to grant affiliation for B.
Pharma course to the petitioner colleges for the academic year 2020-
21 with further direction to respondent No.1-University to organize
special examinations for B. Pharma students for academic year 2020-
21 in view of the notification dated 19th March 2021.
2. The facts in brief giving rise to the petition are as under:-
On 28th January 2020, the respondent No.1-University invited
applications for grant of affiliation for the year 2020-21. In response
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thereto, the petitioners submitted applications in the month of February
2020 seeking affiliation for B. Pharma course for the year 2020-21. It
is pertinent to note that the Pharmacy Council of India (hereinafter
referred to as the ‘PCI’) granted its approval to the petitioner No.1-VIIT
Pharmacy College vide order dated 10th April 2020 for conduct of first
year B. Pharma course for the academic year 2020-21 with intake
capacity of 100 admissions/students. Insofar as the petitioner No.2-
RV Institute of Pharmacy is concerned, a similar approval was also
granted; however with the intake capacity of 60 admissions/students.
The same was subject to submission of consent of affiliation of
Examining Authority and NOC of the State Government.
3. In the meantime, the respondent No.2-State of Uttar Pradesh
came up with the policy dated 15th May 2020 for restricting the number
of pharmacy colleges to only two per district. The said policy came to
be challenged before the High Court of Allahabad in bunch of petitions
being Misc. Single No. 12536 of 2020 filed by Zee College of
Pharmacy with companion matters. The Allahabad High Court vide
judgment and order dated 2nd November 2020, relying on the judgment
of this Court in the case of Pharmacy Council of India v. Dr. S.K.
Toshiwal Educational Trusts Vidarbha Institute of Pharmacy and
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Others Etc.1
set aside the policy dated 15th May 2020, only insofar as
the petitioners who had approached the High Court. The petitioner
institutions therein were permitted to participate in the counselling
being conducted for admission to Bachelors of Pharmacy course for
the academic year 2020-21.
4. The petitioner No.1, relying on the order of the High Court dated
2
nd November 2020, also filed writ petition being Misc. Single No.
19510 of 2020 before the Allahabad High Court. The said petition was
also allowed and the policy dated 15th May 2020 was set aside with
respect to the petitioner therein and the respondents were directed to
take a decision on the application of the petitioner for affiliation in
accordance with law. A similar petition being Misc. Single No. 19509
of 2020 came to be filed by petitioner No.2 which too was allowed on
like terms. Likewise, one S.D. College of Sciences had also filed a writ
petition being Misc. Single No. 19568 of 2020 which was similarly
allowed. All the above three petitions were allowed by the High Court
vide order dated 9th November 2020.
5. However, the respondent No.1-University vide impugned order
dated 7th December 2020, rejected the application of S.D. College of
Sciences for grant of affiliation. The present petitioners along with one
1 2020 SCC OnLine SC 296
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another institution thereafter filed Writ Petition (C) No. 1468 of 2020
before this Court in the month of December 2020. This Court vide
order dated 12th January 2021 stayed the operation of the order dated
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th December 2020 passed by respondent No.1-University and tagged
the said petition along with Writ Petition (C) No. 1430 of 2020 filed by
Rakshpal Bahadur Pharmacy Institute.
6. It is the contention of the petitioners, that in March 2021 though
the students of the petitioner colleges were invited to the examination
centre, they were not permitted to participate in the exam at the last
moment. It is also the contention of the petitioners, that in view of the
order dated 5th March 2021, passed by this Court in I.A. No.33272 of
2021 in Writ Petition (C) No. 1433 of 2020, students of one Zee
College of Pharmacy were permitted to participate in the examination.
7. In the meantime, vide order dated 19th March 2021, the State
Government, after considering the recommendations made by the
Affiliation Committee, has granted conditional affiliation for admission
in B. Pharma course, in compliance of the order of the High Court
passed in Writ Petition (C) No. 12536 of 2020.
8. Since the respondent No.1-University refused to grant affiliation
to the petitioners and has refused to permit their students to appear for
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the first year B. Pharma examination, the petitioners have approached
this Court.
9. This Court, in the case of, Dr. S.K. Toshiwal Educational
Trusts Vidarbha Institute of Pharmacy (supra), has held as under:-
“87. In view of the above and for the reasons stated
above, it is held that in the field of Pharmacy Education
and more particularly so far as the recognition of degrees
and diplomas of Pharmacy Education is concerned, the
Pharmacy Act, 1948 shall prevail. The norms and
regulations set by the PCI and other specified authorities
under the Pharmacy Act would have to be followed by the
concerned institutions imparting education for degrees
and diplomas in Pharmacy, including the norms and
regulations with respect to increase and/or decrease in
intake capacity of the students and the decisions of the
PCI shall only be followed by the institutions imparting
degrees and diplomas in Pharmacy. The questions are
answered accordingly.”
10. Indisputably, in the present case, the PCI has granted approval
to both the petitioners vide order dated 10th April 2020, with intake
capacity of 100 and 60 admissions/students respectively. Not only
that, the petitions filed by the petitioners challenging the policy
decision of the State Government dated 15th May 2020, have been
allowed by the High Court vide judgment and order dated 9th
November 2020. Indisputably, the State Government also vide
notification dated 19th March 2021, has granted conditional affiliation
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after considering the recommendations made by the Affiliation
Committee. In the peculiar facts and circumstances of the case and
particularly, taking into consideration, that the averments made on
affidavit by the petitioners, are not controverted by the respondent
No.1-University, we find that the petition deserves to be allowed.
11. The respondent No.1-University is therefore directed to grant
affiliation to the petitioner colleges for the academic year 2020-21 and
also permit the students of the petitioner colleges to participate in the
special examinations to be organized by the respondent No.1-
University for the academic year 2020-21 in view of the notification
dated 19th March 2021.
12. The petition is allowed in the aforesaid terms.
…..….......................J.
[R.F. NARIMAN]
…….........................J.
[B.R. GAVAI]
.................................J.
[HRISHIKESH ROY]
NEW DELHI;
APRIL 15, 2021.
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