Delhi High Court - Orders
Shri Baldeo College Of Nursing And ... vs Pharmacy Council Of India on 27 April, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~1 to 5 & 7 to 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4990/2023
SHRI BALDEO COLLEGE OF NURSING AND MEDICAL
RESEARCH ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
+ W.P.(C) 4991/2023
PT L R SCHOOL OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
+ W.P.(C) 4999/2023
KPS SCHOOL OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
Signature Not Verified
Signed By:PRATIMA
Signing Date:29.04.2023
14:08:38
-2-
+ W.P.(C) 5019/2023
RAMCHANDER MEMORIAL COLLEGE OF PHARMACY
..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
+ W.P.(C) 5020/2023
LAWRENCE COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
+ W.P.(C) 5042/2023
SPECTRUM SCHOOL OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
Signature Not Verified
Signed By:PRATIMA
Signing Date:29.04.2023
14:08:38
-3-
+ W.P.(C) 5057/2023
DAU GAUTAM COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok Kumar
& Mr. Nadeem Khan, Advocates
Versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Mobashshir Sarwar, Standing
Counsel alongwith Dr. Swaroop George, Advocate
and Mr. Akshat Gupta, Advocates
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 27.04.2023
1. The prayer made in this batch of writ petitions is almost similar.
2. This court in terms of order dated 20.04.2023 called upon the learned counsel appearing on behalf of the respondent-Pharmacy Council of India to seek instructions. The order dated 20.04.2023 passed by this court reads as under:-
"1. Learned counsel appearing on behalf of petitioner points out that the petitioner-institutions were granted permission for respective courses for the academic year 2022-2023. However, on account of delay in granting the permission, the petitioner-institutions were not able to admit the students for the academic year 2022-2023. The petitioner-Institutions, therefore, approached the Hon'ble Supreme Court in various writ petitions and a batch of writ petitions came to be decided on 27.02.2023, being W.P.(C) 243/2023, directing therein that the permission granted Signature Not Verified Signed By:PRATIMA Signing Date:29.04.2023 14:08:38 -4- for the academic year 2022-2023 would be considered to be valid for the academic year 2023-2024. He, therefore, states that in view of the observations made by the Hon'ble Supreme Court, respondent-PCI needs to take up necessary steps to include and mention the name of the petitioner-institutions in the list of recognised institutions and also to enable the petitioner-institutions to admit the students for the academic year 2023-2024.
2. Precisely, the statement made by learned counsel appearing on behalf of the petitioner-institutions is that necessary consequences must follow, once the petitioner-institutions have been treated to be recognised for the academic year 2023-2024.
3. Learned counsel who appears for respondent-PCI on advance instructions states that he needs to verify as to whether, the petitioner institutions, who have approached this court by way of these writ petitions, were the petitioners before the Hon'ble Supreme Court. He also requests for some time to verify as to whether, the consequential orders have been passed by the respondent-PCI in pursuance to observations made by the Hon'ble Supreme Court.
4. Since a short controversy is involved, therefore, the respondent-PCI is directed to place necessary instructions on record within three working days from today.
5. List on 27.04.2023".
3. Learned counsel appearing on behalf of the respondent-Pharmacy Council of India, on instructions, submits that there is no dispute with respect to the fact that all the petitioners-institutions are covered by the order passed by the Hon'ble Supreme Court. He also states that within four weeks the formal letters for approval of the respective courses will be issued to each of the petitioners for Academic Year 2023-24.
Signature Not Verified Signed By:PRATIMA Signing Date:29.04.2023 14:08:38 -5-4. The submissions made by learned counsel appearing on behalf of the respondent-Pharmacy Council of India is opposed by learned counsel appearing on behalf of the petitioner and he states that when there is already a direction by the Hon'ble Supreme Court and once the cases of the petitioners-institutions are covered by the said decision, there should not be any unreasonable delay in the part of the respondent-Pharmacy Council of India.
5. Having considered the submissions made by learned counsel for the parties, this court finds it appropriate to dispose of the instant petitions with the following directions:-
(i) Let the formal letter be issued within two weeks from the date of receipt of the copy of this order.
(ii) In case the respondent-Pharmacy Council of India fails to issue the formal letter within two weeks as directed, the petitioners-institutions would be at liberty to approach this court for necessary further directions.
6. With aforesaid directions, the petitions stand disposed of.
PURUSHAINDRA KUMAR KAURAV, J APRIL 27, 2023 p'ma Signature Not Verified Signed By:PRATIMA Signing Date:29.04.2023 14:08:38