Delhi High Court - Orders
Marudhar Institute Of Pharmacy vs Pharmacy Council Of India on 8 August, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~163, 165 & 168
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11792/2022
MARUDHAR INSTITUTE OF PHARMACY ..... Petitioner
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
With
W.P.(C) 11799/2022 & W.P.(C) 11815/2022
For Petitioners: Mr. Mayank Manish, Advocate.
For Respondents: Mr. Kirtiman Singh, Ms. Manmeet Kaur Sareen
and Mr. Waize Ali Noor, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.08.2022
1. Issue notice. Mr. Kirtiman Singh, CGSC along with Ms. Manmeet Kaur Sareen, accepts notice on behalf of Respondent viz. Pharmacy Council of India ["PCI"]. Considering the nature of prayers sought in the present petitions, he states that a counter-affidavit is not necessary.
2. With the consent of the counsel for the parties, the instant petitions are taken up for disposal today itself.
3. Since the present batch of petitions raise identical grounds and seek nearly same reliefs, they are being disposed of by way of a common order.
4. Mr. Mayank Manish, Advocate, along with counsel for the Petitioners, on instructions, press only for the relief allowing the Petitioners Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.08.2022 20:17:18 to file their applications for approval of pharmacy course for the academic session 2022-23, and corresponding direction to the Respondent to process the same, de hors the moratorium/prohibition imposed by Respondent vide letters dated 17th July, 2019 and 09th September, 2019.
5. The question of moratorium has been considered and decided by this Court vide judgment dated 07th March, 2022 in W.P.(C) 175/2021 titled - [Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India] wherein the Court set-aside the impugned communications dated 17th July, 2019 and 09th September, 2019 whereby moratorium was imposed by the Respondent on the opening of new pharmacy colleges for a period of 5 years w.e.f. academic year 2021-22.
6. The afore-said decision of this Court is now the subject-matter of SLP (C) No. 4862/2022 along with connected batch matters, which is pending consideration before the Supreme Court.
7. Mr. Singh submits that the relief sought in the instant petitions, can now be considered in light of recent notice dated 4th August, 2022 issued by PCI. In terms of the said notice, the portal of PCI has been opened again affording another opportunity to all new pharmacy institutions to submit their applications. Vide the said notice, the window of making fresh applications is now open from 4th August, 2022 till 10th August, 2022. At the same time, he also makes a reference to the order of the Supreme Court dated 31st May, 2022 in the afore-noted SLP, which reads as under: -
"SLP(Civil)Nos.14295-14296/2021 and batch SLP(Civil)Nos.19671/2021 and 4862/2022 be treated as the lead matters.
The parties to complete the pleadings in the matters by 22nd July, 2022.
By way of interim order, though we direct the Pharmacy Council of Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.08.2022 20:17:18 India to accept and process the applications of the applicants who were writ petitioners before the High Court, no final decision regarding grant of approval or non-approval shall be taken till the outcome of the present petitions.
List on 26th July, 2022."
8. Since, PCI has now opened the portal, the present petitions are disposed of with a direction that the Petitioners shall be permitted to submit their applications on the Respondent's portal in terms of the notice dated 4th August, 2022. Such applications shall be processed subject to further directions of the Supreme Court and/or outcome of SLP No. 4862/2022 and connected matters.
SANJEEV NARULA, J AUGUST 8, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.08.2022 20:17:18