Delhi High Court - Orders
Disha Institute Of Pharmacy & Anr vs Pharmacy Council Of India on 17 March, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~54, 56 & 57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3341/2023
DISHA INSTITUTE OF PHARMACY & ANR. ..... Petitioners
Through: Mr.Amitesh Kumar, Ms.Priti Kumari
and Mr.Mrinal Kishor, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Rana Prashant and Mr.Akshat
Choudhary, Advocates.
+ W.P.(C) 3348/2023
SATSANG MISSION COLLEGE OF PHARMACY ..... Petitioner
Through: Mr.Mayank Manish and Mr.Ravi Kant,
Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Rana Prashant and Mr.Akshat
Choudhary, Advocates.
+ W.P.(C) 3352/2023
SHRI GIRRAJ MAHARAJ INSTITUTE OF PHARMACY
..... Petitioner
Through:Mr.Sanjay Sharawat and Mr.Ashok
Kumar,Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Rana Prashant and Mr.Akshat
Choudhary, Advocates.
Signature Not Verified
Signed By:PRATIMA
Signing Date:23.03.2023
10:43:20
-2-
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 17.03.2023
1. Learned counsel appearing on behalf of the parties are at consensus that the issue involved in the present petitions has already been decided by this court vide order dated 19.01.2023, passed in W.P.(C) 422/2023.
2. It is to be noted that in view of the decision of the Hon'ble Supreme Court in the case of Parshavanth Charitable Trust v. All India Council of Tech. Edu & Ors.1 the last date for grant of permission to open Pharmacy course is 10th, April of each year. The PCI follows the same time line. If the petitioner-institutions are unable to get the permission before 10.04.2023, they would not be able to admit the students in the academic session 2023- 2024. They, therefore, state that after passing of the order on 19.01.2023, sufficient time has passed and to meet the timeline prescribed by the Hon'ble Supreme Court, the Pharmacy Council of India (PCI) be directed to take the decision not beyond, 30.03.2023, so that in case, any adverse decision is taken, the petitioner-institutions would be able to avail appropriate remedy in the meantime.
3. I have considered the submissions made by the petitioner-institutions. The directions passed by this court dated 19.01.2023, deserves different timeline to be adhered to by the respective parties. Accordingly, these petitions are disposed of with the following directions:-
(i) The impugned decision rejecting the application of the 1 2013 3 SCC 385 Signature Not Verified Signed By:PRATIMA Signing Date:23.03.2023 10:43:20 -3- petitioner-institutions is hereby, set aside.
(ii) PCI is directed to point out deficiencies with respect to the petitioner-institutions through its concerned representative, within a period of two weeks' from today along with inspection report.
(iii) After receipt of the communication from the PCI, the petitioner-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 petitioner-institutions, the 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 10.04.2023.
(v) The petitioner-institutions thereafter, if aggrieved by the decision of the PCI would be entitled to take appropriate recourse in accordance with law.
4. Accordingly, the petitions stand disposed of.
PURUSHAINDRA KUMAR KAURAV, J MARCH 17, 2023/MJ Signature Not Verified Signed By:PRATIMA Signing Date:23.03.2023 10:43:20