Delhi High Court - Orders
Department Of Pharmacy Cmj University vs Pharmacy Council Of India on 16 March, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~58, 60 and 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3244/2023
DEPARTMENT OF PHARMACY CMJ UNIVERSITY
..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok
Kumar and Mr. Nadeem Khan,
Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Rana Prashant and Mr. Akshat
Choudhary, Advocates.
+ W.P.(C) 3257/2023
RAM JANKI COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok
Kumar and Mr. Nadeem Khan,
Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Rana Prashant and Mr. Akshat
Choudhary, Advocates.
+ W.P.(C) 3269/2023
SAHARANPUR INSTITUTE OF ADVANCED STUDIES
..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Ashok
Kumar and Mr. Nadeem Khan,
Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Signature Not Verified
Signed By:PRIYA
Signing Date:17.03.2023
17:31:02
-2-
Through: Mr. Rana Prashant and Mr. Akshat
Choudhary, Advocates.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 16.03.2023
1. Learned counsel appearing on behalf of the parties are at consensus that the issue involved in the present petition 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, this petition 1 2013 3 SCC 385 Signature Not Verified Signed By:PRIYA Signing Date:17.03.2023 17:31:02 -3- is disposed of with the following directions:-
(i) The impugned decision rejecting the application of the 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 16, 2023/nc Signature Not Verified Signed By:PRIYA Signing Date:17.03.2023 17:31:02