Delhi High Court - Orders
Shree Ji Pharmacy Institute vs Pharmacy Council Of India on 2 December, 2022
$~86&87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16611/2022
SHREE JI PHARMACY INSTITUTE ..... Petitioner
Through: Mr Ruhil, Advocate
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: None
+ W.P.(C) 16612/2022
NAGFANI INSTITUTE OF PHARMACY ..... Petitioner
Through: Mr Ruhil, Advocate
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 02.12.2022
1. These writ petitions have been filed by the petitioners with an identical prayer seeking quashing and setting aside of the decision taken by the Executive Committee of PCI in its 381st meeting held on 11.11.2022. The Executive Committee of the PCI in its said meeting has rejected the applications of the petitioners' to conduct D.Pharm course on the ground of non-submission of NOC/consent of affiliation/affidavits of compliance.
2. The learned counsel for the petitioners has drawn the attention of this court to the order dated 25.11.2022 passed in similar batch of writ petitions, the lead matter being W.P (C) 16008/2022 [alongwith W.P.(C) 16014/2022, W.P.(C) 16042-45/2022, W.P.(C) 16082/2022, W.P.(C) 16107/2022, W.P.(C) 16194/2022, W.P.(C) 16243/2022, W.P.(C) 16250/2022, W.P.(C) 16253/2022. W.P.(C) 16297/2022 and W.P.(C) 16301/2022] whereby the writ petitions were allowed and as a sequitur the decision taken in 381st Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:03.12.2022 18:46:27 meeting of PCI on 11.11.2022 was quashed with further directions to the petitioners' therein to submit their documents relating to the deficiencies pointed out in the aforesaid meeting.
3 "...The Executive Meeting of PCI was also directed to take a fresh decision on the petitioners' application on or before 07.12.2022, taking into consideration the documents that were furnished by them. The relevant part of the above-mentioned order dated 25.11.2022 reads as under:-
"7. Although, the circular provides that compliance/ representations should be submitted by 07th December, 2022, Petitioners have volunteered to file the necessary documents on or before 30th November, 2022. In light of the time constraint and urgency expressed, present petitions are allowed with following directions:
(i) The decision(s) taken in 381st meeting of the PCI held on 11th November, 2022 qua Petitioners' applications, are quashed.
(ii) Petitioners shall submit their compliance/ representation along with documents that were found deficient, in either Hindi or English language, in the manner provided in the afore-noted circular on the designated e-mail ID [[email protected]] on or before 30th November, 2022.
(iii) The Executive Committee of PCI shall, on or before 07th December, 2022, take a fresh decision on Petitioners' applications, taking into consideration the documents that are furnished by them and in terms of the judgment of the Supreme Court noted above."
3. Issue notice. The learned counsels named above accept notice on behalf of the respondents.
4. The learned counsel for the petitioners submits that the petitioners have already submitted the requisite documents through mail on the e- mail id of the respondent. He further submits that the consent of the Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:03.12.2022 18:46:27 examining body has also been filed with the writ petition and the same is annexure P-2.
5. The learned counsel for the respondent says that he has no instructions as regard the submission of the relevant documents by the petitioners through mail. He, however, submits that in case the documents have already been furnished by the petitioners, he has no objection in disposal of present writ petitions, in terms of the aforesaid order dated 25.11.2022 in a batch of writ petitions.
6. Accordingly, with the consent of the parties, the present petitions are allowed with the following directions:-
(i) The decision(s) taken in 381st meeting of the PCI held on 11th November, 2022 qua the Petitioners' applications, are quashed.
(ii) The Executive Committee of PCI shall, on or before 07th December, 2022, take a fresh decision on Petitioners' applications, taking into consideration the documents already furnished by them and in terms of the judgment of the Supreme Court passed on 21.10.2022 in W.P.(C) 888/2022 titled as 'N.K. College of Pharmacy & Ors. v. Pharmacy Council of India & Ors.'
7. The pending applications, if any, are also disposed of.
VIKAS MAHAJAN, J DECEMBER 2, 2022/sv Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:03.12.2022 18:46:27