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Supreme Court - Daily Orders

Yogendra Nath Saxena College Of ... vs Dr. A.P.J Abdul Kalam Technical ... on 17 August, 2018

Bench: Rohinton Fali Nariman, Indu Malhotra

                                                           1



                                           IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION


                                    WRIT PETITION (CIVIL)NO.  938 OF 2018
                                                   
                           
                 
     YOGEDNRA NATH SAXENA COLLEGE OF PHARMACY AND                                  ..  Petitioner(s)
     RESEARCH CENTRE
      
                           Versus

       DR. A.P.ABDUL KALAM TECHNICAL UNIVERSITY AND ORS. ..  Respondent(s)


                                          O R D E R


                         The   present   writ   petition       discloses    a   sorry   state    of

     affairs.                  Despite   approval   by   the     AICTE     on   10.04.2018,     and

     affiliation letters from                     the University         for the    Bachelor of

     Pharmacy course, and the Diploma course by the Board, having

     been issued on 15.05.2018, we find yet another instance of the

     Pharmacy council dragging its feet and ultimately giving their

     no objection only on 20.07.2018, thereby pay scant respect to

     the time line that has been laid down by this Court.                                       The

     petitioners have come knocking to our door as the University

     has not included them for counseling.                            We have been informed

     that as on date the counseling is over. The petitioners may,

     therefore, fill up the seats on their own in accordance with
Signature Not Verified

Digitally signed by
     the procedure laid down by the University.
SHASHI SAREEN
Date: 2018.08.21
16:50:44 IST
                                                                                The petitioners
Reason:


     will do so latest by 28.08.2018.

                         We have been informed that the Pharmacy Council is doing
                                       2

this in a number of cases, and is also irregular in the manner

in which it grants approval.        Sometimes it does so for the year

in question and in other cases, it does so for many years at

one go.     We take note of this and at present only caution the

Pharmacy Council to act as it is supposed to act in accordance

with the time line laid down.         If we find that this course of

conduct persists, we will be constrained to pass orders, if

necessary, even going to the extent of superseding the Council.

    With     this   caution,   we    dispose   of   the   present   writ

petition.

     A copy of this order be sent to the Pharmacy Council.



                                         ......................J.
                                      (ROHINTON FALI NARIMAN)




                                         …......................J.
                                        (INDU MALHOTRA)

 
         
New Delhi,
Dated: 17th August, 2018.            
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ITEM NO.72                COURT NO.9                 SECTION X

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

Writ Petition(s)(Civil)   No(s).    938/2018

YOGENDRA NATH SAXENA COLLEGE OF PHARMACY AND RESEARCH CENTRE
                                                  Petitioner(s)

                                   VERSUS

DR. A.P.J ABDUL KALAM TECHNICAL UNIVERSITY & ORS.     Respondent(s)

( IA No. 112666 of 2018-Exemption from filing O.T.)


Date : 17-08-2018 These matters were called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
          HON'BLE MS. JUSTICE INDU MALHOTRA


For Petitioner(s)   Mr. Ravi Kant, Adv.
                    Mr. Mayank Manish, Adv.
                    Mr. Chandra Prakash, AOR

For Respondent(s)   Mr. Zoheb Hossain, Adv.
                    Mr. Piyush Goyal, Adv.

                    Mr. Anil Soni, Adv.
                    Mr. Harish Pandey, Adv.

                    Mr. Amitesh Kumar, Adv.
                    Mr. Mritunjay Kumar Sinha, Adv.

          UPON hearing the counsel the Court made the following
                             O R D E R

The writ petition is disposed of in terms of the signed order.

Pending applications, if any, shall stand disposed of.




(SHASHI SAREEN)                                    (SAROJ KUMARI GAUR)
  AR CUM PS                                          BRANCH OFFICER

(Signed order is placed on the file)