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Moyna Pharmaceutical Institute vs Pharmacy Council Of India on 9 November, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~97
                          *          IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +          W.P.(C) 15376/2022
                                     MOYNA PHARMACEUTICAL INSTITUTE                                 ..... Petitioner
                                                              Through:          Mr. Chandra Shekhar Singh,
                                                                                Advocate.

                                                              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

% 09.11.2022

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 petition is taken up for disposal, with consent of counsel for parties.

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), wherein, on 23rd December, 2019, an interim order directing PCI to process application of Petitioner-Institute, was granted. 1 However, it was clarified that no final decision be taken thereon 1 W.P.(C) 13636/2019 and other connected matters.

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 in Pharmacy Council of India v. Rajeev College of Pharmacy and Ors. dated 15th September, 2022.2

4. Present petition has been filed seeking a direction to PCI to process its pending application in accordance with interim order dated 23rd December, 2019 of this Court.

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 case, the last date of admission, insofar as new colleges are concerned, is extended till 30.12.2022."

[Emphasis Supplied] 2 2022 SCC OnLine SC 1224.

6. The aforenoted order is applicable to Petitioner-Institute, who is governed by interim orders passed by this Court, which fact is not in dispute.

7. The affidavit, in terms of directions of the Supreme Court, has been annexed along with petition [Annexure P-20]. 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. The present petition is disposed of.

SANJEEV NARULA, J NOVEMBER 9, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:11.11.2022 15:32:01