Delhi High Court - Orders
Shree Ji Pharmacy Institute vs Pharmacy Council Of India on 3 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15207/2022
SHREE JI PHARMACY INSTITUTE ..... Petitioner
Through: Ms. Priyanka Singh, Mr. Anil Kumar
and Mr. R.K. Ruhil, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Mr. Waize Ali
Noor, Ms. Manmeet Kaur Sareen and
Ms. Vidhi Jain, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.11.2022
1. Issue notice. Mr. Kirtiman Singh, Advocate, accepts notice on behalf of Respondent. Considering the nature of relief sought in the present petition, no counter affidavit is necessary and with the consent of counsel for parties, petition is taken up for disposal.
2. Petitioner-Institute had earlier filed writ petition assailing notification dated 17th July, 2019 and 09th September, 2019 whereby Respondent - Pharmacy Council of India ["PCI"] had imposed moratorium on opening of new pharmacy college(s). In the said petition, on 24th December, 2019, an interim order directing PCI to process application of Petitioner-Institute, was Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:04.11.2022 11:46:09 granted.1 However, it was clarified that no final decision be taken thereon till the time a decision is rendered on merits.
3. Now, the said issue of imposition of moratorium has attained finality with the decision of Supreme Court dated 15th September, 2022 in Pharmacy Council of India v. Rajeev College of Pharmacy and Ors.2
4. Present petition has been filed seeking a direction to PCI to process its pending application in accordance with interim order of this Court dated 24th December, 2019 in W.P.(C) 13796/2019.
5. The Supreme Court has passed an order dated 21st October, 2022 in W.P.(C) 888/2022, to the following effect:
" Shri Tushar Mehta, learned Solicitor General appearing for the petitioners, submits that the only concern of the Pharmacy Council of India (for short 'PCI') is that the inspections were conducted between 2019-2020. He submits that there is quite a possibility that the infrastructure, teaching faculty and other facilities, which were available with the institution(s) at that time, may not be available today. He, therefore, submits that if, on the basis of said inspections, the applications of the petitioners are to be entertained, it may cause great prejudice to the students.
Learned Solicitor General fairly states that if an affidavit is filed by the petitioners before this Court stating therein that the infrastructure and other facilities, which were available at the time of inspection conducted in pursuance of the interim orders passed by the various High Courts are still available, then, in that event, their applications could be considered.
We, therefore, permit the petitioners to file an affidavit before this Court stating therein that all facilities including infrastructure, teaching and non- teaching staff etc., which were available at the time of inspection pursuant to the interim orders, are still available.
We further clarify that, if on the date of filing of the petitions, the petitioners had a valid No Objection Certificate (NOC) from the concerned State Governments and the requisite affiliation from the Universities/Boards concerned, the same shall be considered as a valid date for the present academic year.
We further clarify that the order passed today would also be applicable to all such applicants who are governed by the interim order passed by the Delhi High Court or any other High Court.
The PCI shall take decisions on the applications for grant of approval on or prior to 15.11.2022. If any appeals are filed before the Appellate Authority, the same shall be decided prior to 15.12.2022. In the facts and circumstances of the 1 W.P.(C) 13796/2019 and other connected matters.2
2022 SCC OnLine SC 1224.Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:04.11.2022 11:46:09
case, the last date of admission, insofar as new colleges are concerned, is extended till 30.12.2022."
6. The aforenoted order is applicable to Petitioner-Institute, which is governed by interim orders passed by this Court, and this fact is not in dispute.
7. The affidavit, in terms of directions of the Supreme Court, has been annexed along with petition [Annexure P-6]. The same is taken on record and the present petition is disposed of, with a direction to PCI to proceed further with the application of Petitioner-Institute, in the manner directed by the Supreme Court in above-extracted order.
8. With the above directions, the present petition is disposed of.
SANJEEV NARULA, J NOVEMBER 3, 2022 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:04.11.2022 11:46:09