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Svi College Of Pharmacy And Research vs Pharmacy Council Of India on 9 February, 2023

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                          $~32 & 33
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 17608/2022
                                SVI COLLEGE OF PHARMACY AND RESEARCH ..... Petitioner
                                                   Through:     Mr. Mayank Manish & Mr. Ravi
                                                                Kant, Advocates.
                                                   versus

                                PHARMACY COUNCIL OF INDIA                           ..... Respondent

                                                   Through:     Mr. Rana Prashant & Mr. Akshat
                                                                Choudhary, Advocates.

                          +     W.P.(C) 17728/2022
                                SHRI NATH BABA COLLEGE OF PHARMACY ..... Petitioner

                                                   Through:     Mr. Mayank Manish & Mr. Ravi
                                                                Kant, Advocates.

                                                   versus

                                PHARMACY COUNCIL OF INDIA                          ..... Respondent
                                                   Through:     Mr. Rana Prashant & Mr. Akshat
                                                                Choudhary, Advocates.
                          CORAM:
                          HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                   ORDER

% 09.02.2023

1. Learned counsel appearing on behalf of the parties fairly submit that the controversy involved in the present petitions is already covered by the decision of this court passed in the petition being W.P.(C) 16769/2022 on 19.01.2023.

2. From the perusal of the facts, it would appear that in the aforesaid petitions, minutes of the meeting dated 11.11.2022 (381st meeting) are the subject matter of challenge. The controversy involved with respect to these minutes has already been decided by this court in its order dated 19.01.2023 passed in W.P. (C) 16769/2022.

3. Taking consideration the aforesaid facts, this court finds it appropriate to dispose of all writ petitions with the following directions:-

(i) Impugned decisions relating to petitioners are hereby set- aside.

(ii) PCI is directed to point out deficiencies with respect to each Institution to the concerned representative of the petitioners, within a period of 21 days from today with inspection report.

(iii) After receipt of the communication from PCI, each institution would be entitled to rectify the deficiencies if any, and to submit the explanation to the PCI within a period of seven days.

(iv) Depending upon the submission/explanation made by each institution, the PCI is directed to take a final decision within a period of two weeks thereafter, with respect to approval for the academic session 2023-2024.

(v) Any compliance/appeal filed by any of the petitioners in pursuance to PCI circulars, stands withdrawn as all the petitioners have been directed to take a fresh re-course in terms of the directions given in this order.

Needless to state that nothing expressed in this order be construed to be an expression on the merits of the entitlement of the approval of the petitioner-institutions or on the validity of circulars.

4. It is directed that if in case, the PCI decides not to grant the approval to any petitioner-institutions, the PCI should specifically point out the deficiencies in its decision so that the petitioners would be at liberty to take appropriate recourse in accordance with law.

5. Accordingly, the petitions stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 9, 2023/nc Signature Not Verified Signed By:PRIYA Signing Date:14.02.2023 11:50:47