Allahabad High Court
Dr. A.P.J Abdul Kalam Techical ... vs R.L Institute Of Pharmacy Varanasi ... on 14 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH In The High Court Of Judicature At Allahabad Sitting At Lucknow Neutral Citation No. - 2025:AHC-LKO:9667-DB Court No. - 1 1. Case :- SPECIAL APPEAL No. - 26 of 2025 Appellant :- Dr. A.P.J Abdul Kalam Techical University Lucknow Thru. Registrar And Another Respondent :- R.L Institute Of Pharmacy Varanasi Thru. Its Authorized Signatory Yogesh Pandey And 2 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Ajay Pratap Singh,C.S.C.,Ravi Singh 2. Case :- SPECIAL APPEAL No. - 27 of 2025 Appellant :- Dr. A.P.J. Abdul Kalam Technical University Lko. Thru. Registrar And Another Respondent :- Dr. Subhash Chandra Kulshreshtha Educational Society Thru. Auth.Signatory Shri Bittu Kumar And Ors. Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Paavan Awasthi,C.S.C.,Ravi Singh 3. Case :- SPECIAL APPEAL DEFECTIVE No. - 44 of 2025 Appellant :- Dr. A.P.J. Abdul Kalam Technical University Lko. Thru. Its Registrar And Another Respondent :- Shri Krishna Sudama Sansthan Thru. Its Trustee Dharmendra Kumar Yadav And 3 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Prafulla Tiwari,C.S.C.,Ravi Singh 4. Case :- SPECIAL APPEAL DEFECTIVE No. - 45 of 2025 Appellant :- A.P.J. Abdul Kalam Technical University Jankipuram Vistar Yojana Lko. Thru. Registrar And Another Respondent :- Ranno Devi Pandit Dev Narayan Shukla Shikhan Sansthan Thru. Auth. Signatory Jitendra Shukla And Ors Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Paavan Awasthi,C.S.C.,Ravi Singh 5. Case :- SPECIAL APPEAL DEFECTIVE No. - 46 of 2025 Appellant :- A.P.J. Abdul Kalam Technical University Jankipuram Vistar Yojana Lko. Thru. Registrar And Another Respondent :- Badauli Pharmacy College ,Thru. Authorized Signatory Yogesh Pandey And 2 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Ajay Pratap Singh,C.S.C.,Ravi Singh 6. Case :- SPECIAL APPEAL DEFECTIVE No. - 47 of 2025 Appellant :- Dr. A.P.J. Abdul Kalam Technical University Thru. Its Registrar And Another Respondent :- Mata Madhuri Devi Sikshan Seva Sansthan Village Kukudipur Thru. Manager Sudha Rai And 3 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Prafulla Tiwari,C.S.C.,Ravi Singh 7. Case :- SPECIAL APPEAL DEFECTIVE No. - 48 of 2025 Appellant :- Dr. A.P.J. Abdul Kalam Technical University Thru. Its Registrar And Another Respondent :- Bhardwaj Shiksha Sewa Samiti Thru. Auth. Sign. Shri Vishal Upadhayay And 2 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Paavan Awasthi,C.S.C.,Ravi Singh 8. Case :- SPECIAL APPEAL DEFECTIVE No. - 49 of 2025 Appellant :- Dr. A.P.J Abdul Kalam Technical University Thru. Registrar And Another Respondent :- Dr. Mahalwar Educational Trust Thru. Auth. Sign. Sri Arvind Pal Singh And 2 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Paavan Awasthi,C.S.C.,Ravi Singh 9. Case :- SPECIAL APPEAL DEFECTIVE No. - 63 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Technical Education Lko Respondent :- Bhardwaj Shiksha Sewa Samiti Thru. Auth. Sign. Sri Vishal Upadhyaya And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Paavan Awasthi,Atul Kumar Dwivedi,Ravi Singh 10. Case :- SPECIAL APPEAL DEFECTIVE No. - 64 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education,Lko. Respondent :- Mata Madhuri Devi Shikshan Seva Sansthan Azamgarh Thru. Its Manager Smt. Sudha Rai And 4 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Prafulla Tiwari,Atul Kumar Dwivedi,Ravi Singh 11. Case :- SPECIAL APPEAL DEFECTIVE No. - 65 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Technical Education Lko Respondent :- Ranno Devi Pandit Dev Narayan Shukla Thru. Auth. Sign. Jitendra Kumar Shukla And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Paavan Awasthi,Atul Kumar Dwivedi,Ravi Singh 12. Case :- SPECIAL APPEAL DEFECTIVE No. - 66 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Education Lko . Respondent :- Shri Krishna Sudama Sansthan Thru. Trustee Dharmendra Kumar Yadav And 4 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Prafulla Tiwari,Atul Kumar Dwivedi,Ravi Singh 13. Case :- SPECIAL APPEAL DEFECTIVE No. - 68 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. Of Technical Education Govt. Of U.P. Lko. Respondent :- Dr. Mahalwar Educational Trust, Thru. Its Authorised Signatory Sri Arvind Pal Singh And Ors. Counsel for Appellant :- C.S.C. Counsel for Respondent :- Paavan Awasthi,Atul Kumar Dwivedi,Ravi Singh 14. Case :- SPECIAL APPEAL DEFECTIVE No. - 70 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education U.P. Lko. Respondent :- Baduli Pharmacy College Viii, U.P. Thru. Authorized Signatory Yogesh Paney And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh Hon'ble Attau Rahman Masoodi J.
Hon'ble Subhash Vidyarthi J.
1. All the above mentioned intra court appeals, except Special Appeal Nos. 26 of 2025 and 27 of 2025, have been filed with some delay along with an application for condonation of delay duly supported with an affidavit.
2. Reasons have been spelt out in the affidavits filed in support of the applications for condonation of delay to which there is no objection.
3. In absence of any objection and the cause shown being sufficient, the applications for condonation of delay are allowed and the delay in filing the present intra court appeals is condoned.
4. We have heard Sri V. P. Nag learned Standing Counsel for the State, Sri Atul Kumar Dwivedy learned counsel appearing for A. P. J. Abdul Kalam Technical University in the bunch of appeals and S/Sri Pawan Awasthi, Prafulla Tiwari, Rajat Ranjan Singh, Ajay Pratap Singh and Ravi Singh, Advocate for the respondents.
5. This bunch of intra court appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules have been filed by Dr. A.P.J. Abdul Kalam Technical University and the State of U. P. challenging the validity of the orders dated 07.01.2025, 06.01.2025 and 09.12.2024 passed by the Hon'ble Single Judge Bench in these bunches of writ petitions, the leading petitions being Writ C No. 1786 of 2024, Writ C No. 165 of 2005 and Writ C No. 1122 of 2005.
6. Special Appeal No. 27 of 2025 has been filed by the appellant-University against the judgment and order dated 06.01.2025 passed by the Hon'ble Single Judge in Writ C No. 1122 of 2005, Special Appeal No. 26 of 2025 has been filed by the University against the judgment and order dated 07.01.2025 passed by the Hon'ble Single Judge in Writ C No. 165 of 2005, Special Appeal Nos. 44 of 2025, 45 of 2025, 46 of 2025. 47 of 2025 and 49 of 2025 have been filed by the University against the judgment and order dated 09.12.2024 passed in a bunch of writ petitions being leading Writ C No. 1786 of 2024, Special Appeal Nos. 63 of 2025, 64 of 2025, 65 of 2025, 66 of 2025, 68 of 2025, 70 of 2025 have been filed by the State against the judgment and order dated 09.12.2024 passed in a bunch of writ petitions being leading Writ C No. 1786 of 2024,
7. Since all these appeals arise out of similar judgments passed on different dates, these are being heard together and decided by a common order.
8. All the aforesaid writ petitions had been filed challenging orders dated 29.01.2024, 13.10.2023, 19.10.2023 and 29.11.2023 whereby the petitioners had been directed to obtain No Objection Certificates from the State Government in terms of the Government Order dated 05.01.2024 for consideration of their affiliation to the University for conducting B. Pharm course for the academic sessions 2024-2025. The Pharmacy Council of India has already granted approval to the petitioners for conducting B.Pharm course for the sessions 2024-25.
9. The University sought a clarification from the State Government on the point that the Pharmacy Council of India had granted the approvals without No Objection Certificates having been issued by the State Government and thereafter the University passed separate orders asking the petitioners to first obtain No Objection Certificates from the State Government, which was challenged by filing the aforesaid writ petitions. The Writ Court held that the Pharmacy Council of India has already granted approval to all the petitioner institutes for conducting B.Pharm courses for the academic session 2024-25. As per the provisions contained in the clause 7 of the Approval Process Handbook 2024-2025 published by the Pharmacy Council of India, consent of affiliating body and No Objection Certificate from the State Government are required for conducting the B.Pharm courses. However, the No Objection Certificate from the State Government is required only for the purpose of grant of approval by the Pharmacy Council of India. Therefore, it is only the Pharmacy Council of India which can insist for obtaining a No Objection Certificate from the State Government. When Pharmacy Council of India has already granted the requisite approval, the requirement of obtaining No Objection from the State Government has become redundant, particularly when the Pharmacy Council of India has not raised any objection in this regard. The Writ Court further noted that there is no statutory provision which mandates obtaining No Objection Certificate for grant of approval and affiliation.
10. Assailing validity of the aforesaid order, learned counsel for the appellants have submitted that the Approval Process Handbook issued by the Pharmacy Council of India states that "This approval process handbook is a legal documents". It also states that it has been published "As per the provisions conferred by the Section 18(2)(d); 18(2)(e);18(2)(f) & 18(2)(h) of the Pharmacy Act, 1948(8 of 1948)". Therefore, the Approval Process Handbook has statutory force.
11. The learned Counsel for the appellants have submitted that Clause 1 d) (i) of the Approval Process Handbook states that the applications received shall be processed as per the norms and procedure specified in the Pharmacy Council of India Approval Process Handbook. Introduction of new Pharmacy Programs / Courses by the existing institutions has been covered in clause 7 of the hand book, which mandates that the institution will have to apply and submit consent of affiliation of examining authority and the NOC of the State Government for B.Pharm courses. This clause specifically States that in case the above documents are not submitted, the proposal for introduction of new course will be processed by the Council and will be summarily rejected.
12. As per learned counsel for the appellant, the aforesaid provision contained in the approval process handbook makes it mandatory for the institutions to submit a No Objection Certificate from the State Government for obtaining affiliation from the appellant-University and in absence of the No Objection Certificate, the affiliation cannot be granted.
13. We have considered the submissions of the learned counsel for the appellants.
14. The statutory provision for grant of affiliation is contained in Section 23 of the Uttar Pradesh Technical Education Act, 2000 which provides as follows :-
CHAPTER V AFFILIATION
23. Affiliation of Colleges.--(1) This section shall, apply to the colleges.
(2) The Executive Council may, with the previous premission/approval of the State Government, admit any college which fulfils such conditions of affiliation, as may be prescribed to the privileges of affiliation or enlarge the privileges of any college already affiliated or withdraw or curtail any such privilege.
(3) It shall, be lawful for a college to make arrangement with any other college situated in the same local area, or with the University, for co-operation in the work of teaching or research, (4) Excepts as provided by this Act, the management of a college shall be free to manage and control the affairs of the college and be responsible for its maintenance and upkeep, and its Principal shall be responsible for the discipline of its students and for the superintendence and control over its staff.
(5) Every college shall furnish such reports, returns and other particulars as the Executive Council or the Vice Chancellor may call for.
(6) The Executive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons authorised by it in that behalf and a report of the inspection shall be made to the Executive Council.
(7) The Executive Council may direct a college so inspected to take such action as may appear to it to be necessary within such period as may be specified.
(8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council tinder sub-section (7) or to fulfil the conditions of affiliation may, after obtaining a import from the Management of the college and with the previous sanction of the State Government, be withdrawn or curtailed by the Executive Council in accordance with the provisions of the Regulations.
(9) Notwithstanding .anything contained in sub-sections (2) and (8), if the Management of any college has failed to fulfil the conditions of affiliation, the State Government may, after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.
15. The procedure for grant of affiliation is contained in The Gautam Buddh Technical University, Lucknow First Regulations, 2010 (Dr. A. P. J. Abdul Kalam Technical University was earlier known as "Gautam Buddh Technical University"). The provisions regarding affiliation are contained in Chapter-VI of the regulations. The provisions contained in Regulation 6.01 are as follows: -
6.01.(a) Every application for affiliation of a college as an Affiliated College shall be made so as to reach the University not less than six months before the commencement of the session in respect of which the recognition is sought. Provided that the Executive Council may, in special circumstances, reduce the said period in the interest of higher technical education to such extent as deemed necessary.
(b) Every application for recognition of a college shall be accompanied by the letter of approval from Pharmacy Council along with a Bank Draft payable to the University, for a non refundable sum of Rs. 5,000/ or more as may be notified by the University.
(c) Before an application for recognition is placed before the Executive Council, the Vice-Chancellor must be satisfied with regard to the following:-
(i) that the institution satisfies the demand for technical education in the Locality.
(ii) that the Management concerned has provided following as per prevalent norms of All India Council for Technical Education:-
1. suitable and sufficient building and covered area.
2. adequate library, furniture, stationery, equipment and laboratory facilities.
3. contiguous specified area of land conclusive for Education purposes.
4. facilities for health and recreation of the students.
5. funds for the payment of salary and allowances to the employees of the college."
16. On 05.01.2024, the Government sent a letter to the Vice-chancellor of the University, the Secretary, Technical Education Board and all the District Magistrates regarding the procedure for grant of NOC/consent of affiliation and affiliation to all Diploma/degree level institutes under control of the Technical Education Department. This letter inter alia provides that the opening of the new courses will be dealt with as per the guidelines given in the approval process hand book.
17. Dr. A.P.J. Abdul Kalam Technical University had issued an Office Memorandum dated 29.01.2024 directing all the institutes to comply with the provisions of the Government Order dated 05.01.2024 referred to above.
18. Although the Approval Process Handbook refers to Section 18(2)(d); 18(2)(e);18(2)(f) & 18(2)(h) of the Pharmacy Act, 1948 (8 of 1948), none of the provisions of the aforesaid Act have been placed by learned counsel for the appellants either before the Writ Court or before this Court and they have not submitted that obtaining a No Objection Certificate is mandatory under any of the aforesaid statutory provisions.
19. Section 18 of the Pharmacy Act, 1948 provides as follows: -
18. Power to make regulations.--(1) The Central Council may, with the approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act to carry out the purposes of this chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the management of the property of the Central Council;
(b) the manner in which elections under this chapter shall be conducted;
(c) the summoning and holding of meetings of the Central Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
(d) the functions of the Executive Committee, the summoning and holding meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum;
(e) the powers and duties of the President and Vice-President;
(f) the qualifications, the term of office and the powers and duties of the Registrar, Secretary, Inspectors and other officers and servants of the Central Council, including the amount and nature of the security to be furnished by the Registrar or any other officer or servant.
(g) the manner in which the Central Register shall be maintained and given publicity;
(h) constitution and functions of the committees other than Executive Committee, the summoning and holding of meetings thereof, the time and place at which such meetings shall be held, and the number of members necessary to constitute the quorum.
(i) the manner of holding inquiry and imposing penalty under sub-section (1) of Section 43-A;
(j) the form and manner of preferring appeal under sub-section (2) of Section 43-A. (3) Until regulations are made by the Central Council under this section, the President may, with the previous sanction of the Central Government, make such regulations under this section, including those to provide for the manner in which the first elections to the Central Council shall be conducted, as may be necessary for carrying into effect the provisions of this chapter, and any regulations so made may be altered or rescinded by the Central Council in exercise of its powers under this section.
(4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation."
20. The aforesaid statutory provision authorizes the Central Council to make regulations with the approval of the Central Government by notification in the official gazette. The approval process hand book is not 'Regulations' formulated by the Central Council in exercise of statutory powers conferred by Section 18 of the Pharmacy Act with the approval of the Central Government and the same have not been published in the official gazette. A mere mention of certain provision of Section 18 of the Pharmacy Act, 1948 in the approval process hand book does not make it statutory regulations.
21. Accordingly, we are unable to accept the submission of the learned counsel for the appellant that the procedure mentioned in the approval process hand book has statutory force.
22. Further, the petitioner institutes have already been granted approval by the Pharmacy Council of India. Even after grant of approval, the Pharmacy Council of India has not raised any objection that the approval was not obtained in a proper manner or that it suffers from any other defect which may vitiate the same.
23. When the Pharmacy Council of India has granted approval and has no objection against the approval granted earlier, the University has no authority to raise questions against validity of the approval granted by the Pharmacy Council of India. Therefore, we find ourselves in complete agreement with the view taken by the Hon'ble Single Judge that the appellants' insistence for obtaining No Objection Certificates from the State Government, is not valid.
24. In view of the foregoing discussion, the intra-court appeals filed by the State as well as the University arising out of the judgments/orders dated 06.01.2025, 07.01.2025 and 09.12.2024 are without force and the same are dismissed.
(Subhash Vidyarthi J.) (A. R. Masoodi J.) Order Date: 14.02.2025 kanhaiya