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Delhi High Court - Orders

Institute Of Pharmacy And Paramedical ... vs Pharmacy Council Of India on 6 April, 2023

Author: Purushaindra Kumar Kaurav

Bench: Purushaindra Kumar Kaurav

                          $~45 & 47
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 4264/2023
                                INSTITUTE OF PHARMACY AND PARAMEDICAL SCIENCE
                                                                                     ..... Petitioner
                                                    Through: Mr.Sanjay Sharawat and Mr.Ashok
                                                    Kumar,Advocates.

                                                    versus

                                PHARMACY COUNCIL OF INDIA                               ..... Respondent
                                                 Through: Mr.Rana Prashant, Advocate.
                          +     W.P.(C) 4273/2023
                                SOVARAN SINGH EDUCATION INSTITUTE                          ..... Petitioner
                                                    Through: Mr.Sanjay Sharawat and Mr.Ashok
                                                    Kumar,Advocates.

                                                    versus

                                PHARMACY COUNCIL OF INDIA                               ..... Respondent
                                                    Through: Mr.Rana Prashant, Advocate.

                          CORAM:
                          HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                    ORDER

% 06.04.2023

1. Learned counsel appearing on behalf of the parties jointly submit that the controversy involved in these petitions is covered by the decision in the case of Vidya Jyoti College of Pharmacy v. Pharmacy Council of India dated 15.03.2023 in W.P.(C) 3148/2023. However, learned counsel for the petitioners points out that in the order dated 15.03.2023, this court granted Signature Not Verified Signed By:PRATIMA Signing Date:10.04.2023 15:29:23 -2- two weeks' time to respondent-Pharmacy Council of India (PCI) to point out the deficiencies with respect to the petitioners-institutions therein and thereafter five days' time was granted to the petitioners-institutions to rectify or explain the deficiencies. According to him, two weeks and five days thereafter would mean a nineteen days exercise, therefore, the timeline requires to be modified and outer time-limit needs to be extended.

2. Learned counsel for the respondent submits that he has no objection if the outer timeline for taking final decision with respect to grant or non-grant of approval for the academic year 2023-24 is extended upto 30.04.2023.

3. In view of the aforesaid, these petitions are disposed of with the following directions:-

(i) The impugned decision rejecting the application of the petitioners-institutions is hereby, set aside.
(ii) Respondent-PCI is directed to point out the deficiencies with respect to the petitioners-institutions through its concerned representative, within a period of two weeks from today along with the inspection report.
(iii) After receipt of the communication from the respondent-PCI, the petitioners-institutions are granted five days' time to submit their explanation along with relevant documents.
(iv) Depending upon the submission/explanation to be made by the petitioners-institutions, the respondent-PCI is directed to take a final decision with respect to grant or non-grant of approval for the Academic Session 2023-2024, on or before 30.04.2023.
(v) The petitioners-institutions thereafter, if aggrieved by the Signature Not Verified Signed By:PRATIMA Signing Date:10.04.2023 15:29:23 -3- decision of the respondent-PCI would be entitled to take appropriate recourse in accordance with law.

4. Accordingly, the petitions stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J APRIL 6, 2023/MJ Signature Not Verified Signed By:PRATIMA Signing Date:10.04.2023 15:29:23