Supreme Court - Daily Orders
Shiva Trust Pratibhatai Pawar College ... vs The Pharmacy Council Of India on 20 January, 2022
Bench: K.M. Joseph, Pamidighantam Sri Narasimha
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ITEM NO.1 Court 10 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).14740-14741/2020
(Arising out of impugned final judgment and order dated 06-11-2020
in WP No. 4908/2020 06-11-2020 in WP No. 4909/2020 passed by the
High Court Of Judicature At Bombay At Aurangabad)
SHIVA TRUST PRATIBHATAI PAWAR COLLEGE OF PHARMACY Petitioner(s)
VERSUS
THE PHARMACY COUNCIL OF INDIA Respondent(s)
([PART-HEARD BY HON. K.M. JOSEPH AND HON. PAMIDIGHANTAM SRI
NARASIMHA, JJ.]
(IA No. 126062/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
SLP(C) No. 15364/2020 (IX)
(FOR ADMISSION and I.R. and IA No.132220/2020-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT.
IA No. 133351/2020 - APPLICATION FOR PERMISSION
IA No. 132220/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 118/2021 (IX)
(FOR ADMISSION and I.R. and IA No.1093/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.1095/2021-EXEMPTION FROM
FILING AFFIDAVIT
[SLP(C) NO. 118/2021 MAY BE SHOWN AGAINST SLP(C) NO. 117-118/2021])
Date : 20-01-2022 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. V. D. Hon, Sr. Adv.
Mr. S. S. Choudhari, Adv.
Mr. Sudhanshu S. Choudhari, AOR
Signature Not Verified
For Respondent(s) Mr. Zoheb Hossain, AOR
Digitally signed by
JAGDISH KUMAR
Date: 2022.01.20
17:50:27 IST
Reason: Ms. Tulika Gupta, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, AOR.
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Mr. Geo Joseph, Adv.
Ms. Shwetal Shepal, Adv
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner(s) seek permission to withdraw the special leave petitions with liberty to file writ petitions before the High Court wherein they can challenge the Regulations which have been made by the Pharmacy Council of India which came into force with effect from 09.10.2020 and, in particular, the scheme for approval of the D-Pharma course made under Section 12 of The Pharmacy Act, 1948 wherein there is a cap put on the number of admissions to D-Pharma course at 60 seats. We permit the petitioner(s) to withdraw the special leave petitions. The special leave petitions are dismissed as withdrawn with aforesaid liberty.
The petitioner(s) can seek appropriate relief as they are advised to. We leave it open to the petitioner(s) to contend that as far as the petitioner(s) is/are concerned they would not be bound by the new Regulations and their Writ Petitions must be decided in terms of the earlier Regulations.
We also record the submissions of Mr. Zoheb Hossain, learned counsel appearing on behalf of the respondent – The Pharmacy Council of India that the petitioner(s) are actually bound by the new Regulations and would be governed by the same. 3 We also make it clear that we have not expressed any view on the merits of the contentions which have been taken by the parties.
(JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER