Bombay High Court
Preeti Mukund Badge And Others vs Pharmachy Council Of India, Through Its ... on 2 April, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 4274 OF 2018
PETITIONERS : 1] Preeti Mukund Bagde,
Aged 25 years, Occ. Student,
R/o H-1743, Bharat Nagar,
Waddhamna, Amravati Road, Nagpur.
2] Sumeet Jaikumar Doondani,
Aged 23 years, Occ. Student,
R/o Flat NO.502, Darshan Apartments,
Queta Colony, Nagpur.
3] Layba Nasir Baig,
Aged 22 years, Occ. Student,
R/o Plot no. 375, Bhaldarpura, Nagpur.
4] Mohina Anjum Sk. Akbar,
Aged 21 years, Occ. Student,
R/o Timki, Tin Khamba, Jagannath Patil
Nagar, Nagpur.
5] Shamiya Anjum Mohd. Raffique,
Aged 21 years, Occ. Student,
R/o 42, Sartaj Colony, Bada Tajbag,
Umred Road, Nagpur.
6] Sonali Sudhir Hiranwar,
Aged 21 years, Occ. Student,
R/o 216, Gopal Bhawan, Gokulpeth,
Nagpur.
7] Kamdev Jagrakhan Shahu,
Aged 21 years, Occ. Student,
R/o Plot No. 139, Shirke Nagar,
Wanjari Layout, Nagpur.
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8] Minal Bhojraj Padole,
Aged 21 years, Occ. Student,
R/o Plot No.37, New Diamond nagar,
Kharbi Road, Nagpur.
9] Manisha Marotrao Tidke,
Aged 22 years, Occ. Student,
R/o Chandramani Nagar, Rameshwari Road,
Nagpur.
10] Rahul Sanjay Gupta,
Aged 23 years, Occu. Student,
R/o Flat No.203, hawa Palace,
Mudaliyar layout, Shanti nagar, Nagpur.
11] Nilesh Sudhir Bawne,
Aged about 21 years, Occu. Student,
R/o Plot No. 439, Sadbhavna Nagar,
Nandanwan, Nagpur.
12] Pankaj Jitendra Butle,
Aged 26 years, Occu. Student,
R/o 217, Shahu Nagar,
Manewada-Besa Road, Nagpur.
13] Karan Ganesh Bobde,
Aged 21 years, Occu. Student,
R/o Plot No.40, Nirmal Society,
Dattawadi, Nagpur.
14] Payal namdeoji Rao,
Aged 22 years, Occu. Student,
R/o Plot no.116, Smruti nagar,
Dattawadi, nagpur.
15] Aarti Raju Tambulkar,
Aged 21 years, Occu. Student,
R/o 308, Near Hanuman Mandir,
Vakilpeth, Nagpur.
16] Shiwani Rameshrao Sonsal,
Aged 21 years, Occu. Student,
R/o 47, Bhande Plot, Umred Road, Nagpur.
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17] Priyanka Bhikaji Pardhi,
Aged 21 years, Occu. Student,
R/o Kapsi Khurd Jinji, Bhandara Road,
Pardi, Nagpur.
18] Pallavi Nandlal Shahu,
Aged 23 years, Occu. Student,
R/o 21, Ulhas Nagar, Nanewada Road,
Nagpur.
19] Pooja Purushottam Bhombe,
Aged 23 years, Occu. Student,
R/o Plot No. 1300, Old Shukrawari,
Sakkardara Road, Nagpur.
20] Ashwini Narendra Falke,
Aged 22 years, Occu. Student,
R/o Plot no. 107, Raghupati nagar,
Wadi, Amravati Road, Nagpur.
21] Vilash Gorelal Patle,
Aged 21 years, Occu. Student,
R/o Plot No.28, New kailash Nagar,
Manewada, nagpur.
22] Sahil Vijay Gondane,
Aged 23 years, Occu. Student,
R/o Plot No.26, Kunjilalpeth, Rameshwari,
Nagpur.
23] Himanshu Kamlesh Shende,
Aged 23 years, Occu. Student,
R/o Qtr. No.7/89/2, Ordinance Factory,
Ambazari Estate, Nagpur.
24] Sagar Girdhari Hage,
Aged 23 years, Occu. Student,
R/o Landanapur, Tah. Samgrampur,
Dist. Buldhana.
25] Shruti Ishwar Dongre,
Aged 22 years, Occu. Student,
R/o Mangalwaripeth, Umred, Dist. Nagpur.
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26] Aditi Sudhakar Lokhande,
Aged 22 years, Occu. Student,
R/o Plot no. 02, Senapati nagar,
Dighori, Umred Road, Nagpur.
VERSUS
RESPONDENTS : 1] Pharmacy Council of India,
through its Registrar cum Secretary,
Combined Council's Building,
Temple Lane, Kotla Road,
Aiwan-E-Ghalib Marg, New Delhi - 110 002.
2] The Director of Technical Education,
State of Maharashtra,
3, Mahapalika Marg, Fort, Mumbai.
3] Rashtrasant Tukdoji Maharaj Nagpur
University, Nagpur, through its Registrar,
Civil Lines, Nagpur.
4] Late Meghraj Oza Smruti Shikshan Sanstha
Nagpur, through its Director,
Smt. Pinki Sharma, Office at Sai Valley,
Shree Sainath College of Pharmacy,
Khasra No. 46, Dawalameti, Nagpur - 06.
5] Shree Sainath College of Pharmacy,
through its Registrar, Shri Dr. A.K.Chanchal,
Sai Valley, 46, Dawalameti, Nagpur - 06.
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Mr. B.G. Kulkarni, Advocate for the petitioners.
Mrs. Geeta Tiwari, A.G.P. for respondent nos.1 and 2
Mr. P. B. Patil, Advocate for respondent no.3
Mr. S.G. Shukla, Advocate for respondent nos.4 and 5
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CORAM : SUNIL B. SHUKRE and
PUSHPA V. GANEDIWALA, JJ.
DATE : APRIL 02, 2019.
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ORAL JUDGMENT (Per Sunil B. Shukre, J.)
1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
2. The additional affidavit filed on behalf of respondent nos.4 and 5 is taken on record. It brings on record some new developments, which are very relevant for deciding the controversy involved in this petition and in the light of these new developments, we have heard Mr. B.G. Kulkarni, the learned counsel for the petitioners, Mrs. Geeta Tiwari, the learned Assistant Government Pleader for respondent nos.1 and 2, Mr. P.B. Patil, the learned counsel for respondent no.3 and Mr. A.S. Shukla, the learned counsel for respondent nos. 4 and 5.
3. It is the stand of respondent no.2 that whatever decision has to be taken in the matter, it is for respondent no.1 to do so.
4. The subsequent developments are narrated in detail in the additional affidavit. In nut shell, the affidavit indicates that the issue of grant of approval to the college of respondent nos.4 and 5 by ::: Uploaded on - 04/04/2019 ::: Downloaded on - 04/04/2019 22:59:28 ::: 6 WP4274.18.odt respondent no.1 - Pharmacy Council of India has been once again taken up for re-consideration. Earlier, the approval that was granted by respondent no.1 was only with effect from academic year 2018-
19. This college is in existence since 2013-14 and involved in imparting education in B.Pharm Course to the students since those years. It is the case of the petitioners that they sought admission in the year 2014 and onwards and all the petitioners have passed out from the college of respondent nos.4 and 5, but, for want of recognition having been granted by the respondent no.1, the degree obtained by these petitioners would not have any recognition in the field. It is also the case of respondent nos.4 and 5 that since beginning of the college, applications seeking affiliation and approval to their college were being made to respondent no.1 every year and when the decision was actually taken by the respondent no.1 on 19.01.2018, the decision was of such a nature that it caused great prejudice to not only the petitioners, but to all the students who have already passed out or who are on the verge of clearing B.Pharm course and thus, great injustice has been caused in the matter.
5. Be that as it may. The fact remains that now respondent ::: Uploaded on - 04/04/2019 ::: Downloaded on - 04/04/2019 22:59:28 ::: 7 WP4274.18.odt no.1 has decided to re-consider the whole issue and has even called for further details and documents including the undertaking from these petitioners. The additional reply indicates that all the details and also the documents including the undertaking to be given by these petitioners that in case approval is granted with effect from 2013, the petitioners would withdraw this petition, have been furnished to the respondent no.1. In this situation, it would be appropriate that the decision in the matter is taken by respondent no.1 as expeditiously as possible and with this view in the mind, we are of the opinion that the purpose of this petition for the present would be served by issuing following directions.
6. Respondent no.1 - Pharmacy Council of India is directed to take a decision as regards grant of approval to the college of respondent nos.4 and 5 with effect from year 2013 as expeditiously as possible, preferably within four weeks from the date of receipt the order of this Court by it.
Rule is made absolute in these terms. The writ petition is disposed of. No order as to costs.
JUDGE JUDGE
Diwale
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