Delhi High Court - Orders
Present: - For The Petitioners:- Mr. ... vs Unknown on 22 April, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~28 to 67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 175/2021 W.P.(C) 1105/2021 W.P.(C) 1426/2021,
W.P.(C) 1570/2021 W.P.(C) 2886/2021 W.P.(C) 3182/2021
W.P.(C) 5464/2021 W.P.(C) 5465/2021 W.P.(C) 5466/2021
W.P.(C) 5469/2021 W.P.(C) 9085/2021 W.P.(C) 55/2020
W.P.(C) 239/2020 W.P.(C) 298/2020 W.P.(C) 311/2020
W.P.(C) 458/2020 W.P.(C) 1172/2020 W.P.(C) 1173/2020
W.P.(C) 3871/2020 W.P.(C) 4091/2020 W.P.(C) 4142/2020
W.P.(C) 4810/2020 W.P.(C) 5754/2020 W.P.(C) 6514/2020
W.P.(C) 7086/2020 W.P.(C) 7088/2020 W.P.(C) 7091/2020
W.P.(C) 7304/2020 W.P.(C) 10200/2020 W.P.(C) 12431/2019
W.P.(C) 12578/2019 W.P.(C) 12579/2019 W.P.(C) 12583/2019
W.P.(C) 13229/2019 W.P.(C) 13307/2019 W.P.(C) 13564/2019
W.P.(C) 13659/2019 W.P.(C) 13834/2019 W.P.(C) 13924/2019
W.P.(C) 13976/2019
Present: -
For the Petitioners:-
Mr. Sanjay Sharawat, Mr. Divyank Rana & Mr. Ashok Kumar,
Advocates in item Nos. 28-31, 34-39, 41, 43-54, 56, 61, 67.
Mr. Anil Kumar, Mr. Rahul Kashana, Advocates for Mr. R.K. Ruhil,
Advocate in item Nos. 32-33, 40,42,55,57-60,62,63-66.
For the respondents: -
Mr. Zoheb Hossain, Standing Counsel for PCI with Mr. Vivek Gurnani,
Advocate in item Nos. 28 to 67.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 22.04.2022 CM APPL. 13567/2022 in W.P.(C) 175/2021 CM APPL. 13833/2022 in W.P.(C) 1105/2021 Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 1 of 9 CM APPL. 15006/2022 in W.P.(C) 1426/2021 CM APPL. 13850/2022 in W.P.(C) 1570/2021 CM APPL. 13846/2022 in W.P.(C) 2886/2021 CM APPL. 14543/2022, CM APPL. 14544/2022 in W.P.(C) 3182/2021 CM APPL. 13830/2022 in W.P.(C) 5464/2021 CM APPL. 13832/2022 in W.P.(C) 5465/2021 CM APPL. 13866/2022 in W.P.(C) 5466/2021 CM APPL. 13851/2022 in W.P.(C) 5469/2021 CM APPL. 13588/2022 in W.P.(C) 9085/2021 CM APPL. 13834/2022 in W.P.(C) 55/2020 CM APPL. 17037/2022, CM APPL. 17038/2022 in W.P.(C) 239/2020 CM APPL. 13585/2022 in W.P.(C) 298/2020 CM APPL. 16940/2022, CM APPL. 16941/2022 in W.P.(C) 311/2020 CM APPL. 15007/2022 in W.P.(C) 458/2020 CM APPL. 13646/2022 in W.P.(C) 1172/2020 CM APPL. 13597/2022 in W.P.(C) 1173/2020 CM APPL. 13565/2022 in W.P.(C) 3871/2020 CM APPL. 13592/2022 in W.P.(C) 4091/2020 CM APPL. 13831/2022 in W.P.(C) 4142/2020 CM APPL. 13595/2022 in W.P.(C) 4810/2020 CM APPL. 15009/2022 in W.P.(C) 5754/2020 CM APPL. 13885/2022 in W.P.(C) 6514/2020 CM APPL. 14537/2022 in W.P.(C) 7086/2020 CM APPL. 14556/2022 in W.P.(C) 7088/2020 CM APPL. 15008/2022 in W.P.(C) 7091/2020 CM APPL. 14186/2022 in W.P.(C) 7304/2020 Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 2 of 9 CM APPL. 13904/2022 in W.P.(C) 10200/2020 CMAPPL.16938/2022, CM APPL. 16939/2022 in W.P.(C) 12431/2019 CM APPL. 14195/2022 in W.P.(C) 12578/2019 W.P.(C) 12579/2019 in CM APPL. 17184/2022 CMAPPL. 17119/2022, CM APPL. 17120/2022 in W.P.(C)12583/2019 CM APPL. 13589/2022 in W.P.(C) 13229/2019 CMAPPL.13844/2022, CM APPL. 13845/2022 in W.P.(C) 13307/2019 CM APPL. 14133/2022 in W.P.(C) 13564/2019 CM APPL. 14188/2022 in W.P.(C) 13659/2019 CM APPL. 14127/2022 in W.P.(C) 13834/2019 CMAPPL.14528/2022, CM APPL. 14529/2022 in W.P.(C) 13924/2019
1. These applications have been filed by the petitioners in writ petitions which were disposed of by a judgment of this Court dated 07.03.2022 in W.P.(C) 175/2021 [Shaheed Teg Bhadur College Of Pharmacy vs. Pharmacy Council Of India] & connected matters. By the said judgment, this Court disposed of approximately 70 petitions, which were directed against the decisions of the respondent- Pharmacy Council of India ["PCI"] dated 17.07.2019 and 09.09.2019, imposing a moratorium upon the opening of new pharmacy colleges for a period of five years. A batch of approximately 2,500 other writ petitions on the same issue were disposed of by an order dated 10.03.2022 in W.P.(C) 1074/2021 [Swami Vivekanand College Of Pharmacy Vs. Pharmacy Council Of India] & connected matters.
2. The judgment of this Court dated 07.03.2022 has been challenged by the PCI before the Supreme Court in SLP(Civil) No. 4862/2022 [Pharmacy Council Of India vs. Shaheed Teg Bhadur College Of Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 3 of 9 Pharmacy], in which the Supreme Court issued notice on 28.03.2022. The SLP is next listed before the Supreme Court on 09.05.2022.
3. By way of the present applications, the petitioners seek directions consequential upon the quashing of the impugned moratorium orders. It is pointed out by Mr. Sanjay Sharawat, learned counsel for the applicants, that in a number of writ petitions, consequential interim orders were passed permitting the petitioners to submit their applications to the PCI, and directing the PCI to conduct inspection but no final approval orders were to be passed. He submits that in the writ petitions, the petitioners sought permission to submit their applications for the academic session 2020-21 with a direction upon the PCI to decide the same in accordance with law, without reference to the impugned moratorium orders.
4. After the judgment dated 07.03.2022, other institutions have also approached this Court for similar relief in terms thereof. Mr. Sharawat cites an order dated 10.03.2022 passed by a Co-ordinate Bench of this Court in W.P.(C) 4062/2022 [Gyan Ganga College of Pharmacy vs. Pharmacy Council of India] wherein it was held as follows: -
"1. The petitioner has approached this Court seeking the following reliefs:-
[ a] Issue a Writ of Certiorari and quash· the letters dated 17.07.2019 and 09.09.2019 issued by the Respondent as the same are violative of the Pharmacy Act, 1948 and also violative of the Fundamental Rights guaranteed to the Petitioner under articles 14 and 19 of the Constitution of India; and [b] Issue a writ of mandamus and direct the Respondent to permit and allow the Petitioner to submit requisite applications for seeking approval for Pharmacy Courses for academic session 2022-23 with Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 4 of 9 a further direction to them to process and decide the same in accordance with law de hors the moratorium/prohibition imposed by Respondent by letters dated 17.07.2019 and 09.09.2019; and
2. Learned counsel for the petitioner submits that the impugned decisions of the respondent dated 17.07.2019 and 09.09.2019 have already been quashed by a Coordinate Bench of this Court in a batch of petitions including Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India [W.P.(C)175/2021]. He, therefore, prays that the respondent be directed to now open the portal so that the petitioner can submit its application, which may be decided before 30.04.2022 and consider the petitioner‟s application in accordance with applicable regulations.
3. Issue notice. Learned counsel for the respondent accepts notice and is not in a position to dispute that the respondent‟s decisions not to open the portal have been set aside by a Coordinate Bench of this Court in a batch of petitions including Shaheed Teg Bahadur College of Pharmacy(supra). He, however, submits that an SLP has already been filed assailing the said decision and, therefore, prays that hearing be deferred.
4. In the light of the stand taken by the parties, the requirement of completion of pleadings stands waived. What emerges is that prayer „a‟ sought by the petitioner is covered by the decision in Shaheed Teg Bahadur College of Pharmacy(supra). Insofar as prayer „b‟, wherein the petitioner seeks a direction to the respondent to permit it to submit the requisite application for the academic session 2022-23 is concerned, I am of the view that once the respondent's decision not to open the portal stands quashed, the respondent is required to open the portal to permit the petitioner to submit its application as per the regulations.
5. The writ petition is, therefore, allowed by directing the respondent to open the portal, wherein the petitioner would be entitled to submit its application which will be Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 5 of 9 expeditiously considered as per the Regulations.
6. Needless to state this order would be subject to any order as may be passed in the SLP, which the respondent claims has been filed assailing the decision in Shaheed Teg Bahadur College of Pharmacy(supra)."
(Emphasis supplied.)
5. Mr. Zoheb Hossain, learned Standing Counsel for the PCI, submits that the issue is now at large before the Supreme Court, and this Court ought not to pass any further orders in this regard. He submits that the order of this Court in Gyan Ganga (supra) has also been challenged by the PCI before the Supreme Court in SLP (Civil) No. 5673/2022 [Pharmacy Council of India vs. Gyan Ganga College of Pharmacy], wherein notice has been issued on 21.04.2022, and the petition has been tagged alongwith SLP (Civil) No. 4862/2022.
6. It is clear from the submissions of learned counsel that, during the pendency of the petitions, interim orders were passed in several cases, permitting the petitioners to submit their applications and PCI was directed to conduct inspection. Mr. Sharawat informs me that such orders were passed in approximately 180 such cases. The PCI has not passed final orders in those cases, in view of the pendency of the petitions before this Court, and the limited interim orders passed therein. In the other writ petitions filed before this Court, interim orders were not granted. During the pendency of the petitions, the petitioners had also approached the Court for interim orders, lastly by way of applications which were decided by an order dated 23.12.2021, declining the relief sought. However, the matters now stand on a completely different footing as the impugned moratorium orders of the PCI have been quashed by the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 6 of 9 judgment dated 07.03.2022 in Shaheed Teg Bhadur (Supra).
7. Keeping in mind the fact that the judgment in Shaheed Teg Bhadur (supra) has been challenged before the Supreme Court, the question now arises as to whether it would be appropriate for this Court to pass any further directions. In answering this question, I am conscious of the fact that the Supreme Court has not granted interim relief in the PCI's challenge to the said judgment, and that directions consequent upon the judgment have been passed by a co-ordinate bench in Gyan Ganga (supra). In fact, the hearing of these applications was adjourned on three occasions (such as on 24.03.2022, 07.04.2022 and 18.04.2022), in view of Mr. Hossain's submission that the order in Gyan Ganga has also been challenged by the PCI before the Supreme Court. In the said SLP also, the Supreme Court has issued notice but no interim orders have been passed.
8. What emerges from this position is that institutions which were not a party to the batch of petitions decided on 07.03.2022 and 10.03.2022 have been granted consequential orders, whereas the institutions which were a party to the said batch of petitions have no consequential orders today. There is an obvious incongruity in this position which persuades me to grant relief in these applications.
9. The PCI, is therefore, directed to open the portal, accept the applications and process the applications for approval in respect of those of the petitioner- institutions, which not yet have filed their applications, in accordance with law. In respect of those institutions, which were permitted to file applications by virtue of interim orders passed by this Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 7 of 9 Court, the PCI is directed to process the applications further and pass the necessary orders, in accordance with law. These directions are for the academic session 2022-23. The applications will be considered by the PCI in accordance with law and the applicable Regulations.
10. I am informed by Mr. Hossain that that last date for granting approval for the academic session 2022-23, which was earlier 30.04.2022, has been extended until 30.07.2022, by an order of the Supreme Court dated 18.04.2022 in Miscellaneous Application 629/2022 in Civil Appeal No. 9048/2012 [Parshavnath Charitable Trust vs. All India Council for Technical Education & Ors.] in terms of the judgment in Parshavnath Charitable Trust vs. All India Council for Technical Education & Ors. (2013) 3 SCC 385.
11. Mr. Sharawat submits that, to obviate the necessity of all the institutions filing similar applications, this Court may direct the PCI to take necessary action in respect of the institutions which were party to the proceedings before this Court. It is so directed.
12. Needless to say, these directions are subject to the orders of the Supreme Court in the SLPs mentioned above.
13. The applications stand disposed with these directions.
14. A copy of this order be kept in the file of each of the petitions.
W.P.(C) 13976/2019 & CM APPL. 14510/2022
1. This writ petition is also directed against the decisions of the PCI dated 17.07.2019 and 09.09.2019, which were the subject matter of the judgment dated 07.03.2022 in W.P.(C) 175/2021 [Shaheed Teg Bhadur Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 8 of 9 College Of Pharmacy vs. Pharmacy Council Of India] & connected matters.
2. It appears that the writ petition was inadvertently not listed alongwith the said batch. Learned counsel for the parties submit that the petition as well as the pending applications may be disposed of in terms of the said judgment, and the consequential order passed today in other writ petitions.
3. The writ petition, alongwith pending application, is therefore, disposed of in terms of the judgment dated 07.03.2022 and the consequential order passed above.
PRATEEK JALAN, J APRIL 22, 2022 „Bhupi‟/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:26.04.2022 12:22:21 W.P.(C) 175/2021 & connected matters. Page 9 of 9