Madras High Court
Sengunthar Charitable Trust vs / on 21 March, 2025
W.P.No. 9065 of 2025
and
WMP.No. 10176 of 2025
N. MALA, J.
Today, this matter is listed under caption 'for being mentioned' at the
instance of the learned counsel for the petitioner.
2. As rightly submitted by the learned counsel for the petitioner, by
inadvertance, in paragraph 3 of the order of this Court dated 21.03.2025, the
year of the writ petition was typed as 2022 instead of 2025 and in paragraph 2 of
the order of this Court dated 14.03.2025, the academic year was typed as 2025-
2026, instead of 2023-2024.
3. In the light of the above submissions of the learned counsel for the
petitioner, Registry is directed to make necessary corrections as mentioned
above and issue a fresh copy of the order to the parties concerned. All other
observations made in the said order dated 14.03.2025 in W.P.No.9065 of 2025
shall remain unaltered.
15.04.2025
dsn
Note:
Issue order copy today
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N.MALA,J.
dsn
W.P.No.9065 of 2025
and WMP.No.10176 of 2025
15.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm )
W.P.No. 9065 of 2025
and
WMP.No. 10176 of 2025
N. MALA, J.
Today, this matter is listed under caption 'for being mentioned' at the
instance of the learned counsel for the petitioner
2. As prayed for by the learned counsel for the petitioner, in
paragraph 14 of the order of this Court dated 14.03.2025, the directions
given to the 1st respondent to grant consent of affiliation to the petitioner
college to start additional courses namely M.Pharm (Pharmaceutical
analysis), M.Pharm (Pharmacy practice) shall be deleted and replaced
with M.Pharm (Regulatory Affairs).
3. Registry is directed to make necessary corrections as mentioned
above and issue a fresh copy of the order to the parties concerned. All
other observations made in the said order dated 14.03.2025 in W.P.No.
9065 of 2022 shall remain unaltered.
21-03-2025
ak
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N. MALA, J
ak
W.P.No. 9065 of 2025
and
WMP.No. 10176 of 2025
21-03-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm )
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2025
CORAM:
The HONOURABLE MRS.JUSTICE N.MALA
W.P.No.9065 of 2025
and
W.M.P.No.10176 of 2025
Sengunthar Charitable Trust
No.1/11-1, Sengunthar Nagar,
Tiruchengodu, Namakkal District,
Established and Admininistering
Senghundhar College of Pharmacy,
at Kosavampalayam Post,
Sathinaickanpalayam
Namakkal District,
Represented by its Secretary
and Correspondent
A.Baladhandapani ... Petitioner
/Vs/
1. The Registrar,
Tamilnadu Dr.MGR Medical University
69, Anna Salai, Guindy, Chennai-600 032.
2. The Pharmacy Council of India,
Represented by the Secretary-Cum-Registrar,
I-300, 3rd Floor, Tower-I,
World Trade Centre, Nauroji Nagar,
New Delhi-110 029.
3. The Government of Tamilnadu,
Represented by its Secretary,
Health and Family Welfare Department,
Fort St.George, Chennai-600 009. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus or
any other writ order or direction in the nature of the writ calling for the
records relating to the impugned order passed by the first respondent in
Lr.No.Affln.1(5)/03253/2025 dated 24.02.2025 received on 05.03.2023
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quash the same and direct the first respondent to grant consent of
affiliation to the petitioner college to start additional courses namely
M.Pharm (Regulatory Affairs) and Pharm.D(Post Baccalaureate)., without
insisting Essentiality Certificate from the Government.
For Petitioner : Mr.Prabhu Mukunth Arunkumar D
For Respondents : Mr.L.Praveen Kumar for R1
: Mr. M.T.Arunan for R2
: Mr. E.Sundaram,
Government Advocate,
for R3
ORDER
Writ petition is filed challenging the impugned order passed by the first respondent dated 24.02.2025, returning the petitioner's application for non-submission of essentiality certificate as per Government Orders and consequently to grant consent of affiliation to the petitioner college to start additional courses namely M.Pharm (Regulatory Affairs) and Pharm.D (Post Baccalaureate) courses for the academic year 2025-2026.
2. The petitioner college is eligible to start additional courses namely M.Pharm (Regulatory Affairs) and Pharm D (Post Baccalaureate) as per the regulations of the second respondent ie., The Pharmacy Council of India scheme of regulations for M.Pharm and Pharm,D Courses. The pre-requisite mandatory documents to be submitted as per the 2014 regulations is the consent of affiliation of examining authority (the first respondent University) for M.Pharm Course (for each specilization) and as per Pharm.D Regulations the prerequisite mandatory documents to be submitted are consent of affiliation of examining authority (1st respondent https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm ) University) and MOU with 300 bedded hospital. The petitioner college is conducting M.Pharm(Pharmaceutics) and Pharm D Courses from the academic year 2025-2026 and as such the petitioner college is eligible for applying for the additional courses cited above.
3. The learned counsel for the petitioner submits that the impugned order dated 24.02.2025, returning the application of the petitioner for want of submission of the essentiality certificate as per the guidelines issued in G.O (G.O.Ms.No.228 and 229 dated 04.05.2021) by the Health and Family Welfare Department is unsustainable.
4. The learned counsel for the petitioner further submitted the impugned order is contrary to the scheme of the Pharmacy Act, framed by the Pharmacy Council of India. The learned counsel submitted that the statutory scheme contained in the Pharmacy Act was a code in itself and it occupies the field of Pharmacy Education as held by the Hon'ble Apex Court in Pharmacy Council of India Vs. Dr.SK Toshniwal Educational Trust Vidarbha Institute of Pharmacy and Others. The learned counsel further submitted that the production of Essentiality Certificate/NOC is not obligatory as per the statutory scheme the Pharmacy Act. The learned counsel relied on the Judgements of this Court in W.P.No.14834 of 2020 dated 10.11.2020, W.A.No.3534 of 2019 dated 16.06.2020 and W.P.(MD)No.18310 of 2019 dated 31.03.2021and submitted that the impugned order deserved to be set aside.
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5. The learned counsel for the first respondent reiterated the reasons stated in the impugned order for rejecting the petitioner's application.
6. I have heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.
7. It is undisputed that the petitioner institution was given approval by the Pharmacy Council of India for B.Pharm. Course under Section 12 of the Pharmacy Act, 1948, for the purpose of registration as Pharmacist. The petitioner therefore as an eligible institution applied to the 1 st respondent,University on 30.01.2025, for grant of certificate of registration /consent of affiliation for starting additional courses namely M.Pharm. (Regulatory Affairs) and Pharm. D. (Post Baccalaurate), for the academic year 2025-2026. The 1st respondent University vide impugned order dated 24.02.2025, returned the applications for non production of the Essentiality Certificate as per the Government guidelines issued in G.O.Ms.Nos.228 and 229, of the Health and Family Welfare Department, dated 04.05.2021. The said rejection order is challenged in the present writ petition.
8. The core issue to be decided in this writ petition is whether the insistence on the Essentiality Certificate from the Government as per the G.O.Ms.Nos.228 and 229, issued by the Health and Family Welfare Department, dated 04.05.2021, is justified or not. https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm )
9. The scheme framed under Regulation 9 of the Pharm.D Regulations, 2008, reads as follows:
“2. Qualifying Criteria:
c) Pharm.D. (Post Baccalaureate) course will be permitted only in those institutions which are permitted to run Pharm.D. Course.
3. Pre-requisite mandatory documents to be submitted:
a) The institution shall submit the following documents for starting of new pharmacy institution / introduction of new Pharm.D course by existing institution -
For Private institutions / Government institutions For Pharm.D course
i) Consent of affiliation of Examining Authority.
ii) MOU with 300 bedded hospital as per prescribed requirements under regulation 2) of Appendix-B of Pharm.D Regulations, 2008 except in North Eastern States and hilly regions of India where hospital with 300 beds strength are not available, the institutions desiring to seek approval of Pharm.D course are permitted to sign a Memorandum of Understanding with district headquarter hospital with available bed strength. The prescribed format of MOU is enclosed as Annexure-IV.” Similarly for the Master of Pharmacy (M.Pharm.), the Scheme framed under regulation 4.1b ) of the Master of Pharmacy (M.Pharm.) Course Regulations, 2014 reads as follows:
“2. Qualifying Criteria:
c) M.Pharm course shall be permitted only in those institutions which are approved by the Pharmacy Council of India for B.Pharm course under section 12 of the Pharmacy Act, 1948 for the purpose of registration as a pharmacist. The B.Pharm institutions https://www.mhc.tn.gov.in/judis approved for conduct of B.Pharm course ( Uploaded on: 15/04/2025 07:04:42 pm ) are not eligible to start M.Pharm course. However, the institutions established by the Central Government/State Govt.
for the purpose of imparting postgraduate education shall be eligible for starting M.Pharm course directly.
3. Pre-requisite mandatory documents to be submitted:
a) The institution shall submit the following documents for starting of new pharmacy institution/ introduction of new M.Pharm course by existing institution -
For Private institutions / Government institutions For M.Pharm course (for each specialization) ● Consent of affiliation of Examining Authority” From a reading of the aforesaid regulations, it is very clear that the only requirement for approval of the new courses is from the consent of affiliation of Examining Authority and MOU with 300 bedded Hospital. It is undisputed that the petitioner college has been approved by the Pharmacy Council of India for B.Pharm. courses under Section 12 of the Pharmacy Act, 1948, for the purpose of registration as Pharmacist. Therefore, as per the Pharmacy Council of India Regulations, the petitioner college is fully eligible for starting the said new courses. The 1 st respondent returned the petitioners request for consent of application, on the ground that the petitioner had not produced the Essentiality Certificate from the Government as per G.O.Ms.Nos. 228 and 229, issued by the Health and Family Welfare Department, dated 04.05.2021. When the Pharmacy Council of India Regulations do not mandate the production of https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm ) the Essentiality Certificate, the insistence on the same by the 1 st respondent University on the basis of the aforesaid G.O's cannot be countenanced. The Hon'ble Supreme Court in the case of Pharmacy Council of India vs Dr.S.K.Toshniwal Educational Trust, Vidarbha Institute of Pharmacy and others, reported in 2020 SCC OnLine SC 296, held as follows:
“87. In view of the above and for the reasons stated above, it is held that in the field of Pharmacy Education and more particularly so far as the recognition of degrees and diplomas of Pharmacy Education is concerned, the Pharmacy Act, 1948 shall prevail. The norms and regulations set by the PCI and other specified authorities under the Pharmacy Act would have to be followed by the concerned institutions imparting education for degrees and diplomas in Pharmacy, including the norms and regulations with respect to increase and/or decrease in intake capacity of the students and the decisions of the PCI shall only be followed by the institutions imparting degrees and diplomas in Pharmacy. The questions are answered accordingly.” A Division Bench of this Court following the aforesaid Judgment of the Hon'ble Supreme Court in W.A.No.3534 of 2019, dated 16.06.2020, held as follows:
“14. Thus, Pharmacy Act, which is a Special Act, being the occupied field of Pharmacy, there cannot be any insistence in the absence of any norms and regulations as to the submission of Essentiality Certificate.
15. The counter affidavit of the first respondent in the writ petition as well as in this writ appeal do not throw any light as to the power of the (State https://www.mhc.tn.gov.in/judis Government to insist upon obtaining of Uploaded on: 15/04/2025 07:04:42 pm ) Essentiality Certificate and it appears that the first respondent/University merely heeded to that though it does not have any statutory backing.
16. It is also a well settled position of law that if a Statute prescribes a thing to be done in a particular manner, it can be done only in that manner and not in any other manner.
17. The State Government lacks power to insist upon obtaining of Essentiality Certificate for the purpose of production before the first respondent/University for processing the Consent of Affiliation. Though heavy reliance has been placed upon the letter of the Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare dated 31.08.2018 in Letter No.38630/PME2/2016-4, referred to supra, the said letter has no application to the case on hand for the reason that the said instructions came to be issued in the light of stand alone courses conducted by the first respondent/University, which do not have any affiliation with any of the Statutory Councils, namely MCI/DCI/PCI. Therefore, it is held that it is not obligatory on the part of the appellant to obtain Essentiality Certificate from the State Government and produce before the first respondent/University for processing the Consent of Affiliation.”
10. It is pertinent to note here that the aforesaid order of the Division Bench was challenged before the Hon'ble Supreme Court in Special Leave to Appeal No(s). 16085/2020, and the same was dismissed vide order dated 12.01.2021.
11. In view of the categorical statement of law laid down by the Hon'ble Supreme Court and also the Division Bench of this court, I am of https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm ) the view that the impugned order has no legs to stand.
12. With regard to the contention of the 1st respondent University that Essentiality Certificate was insisted on the basis of G.O.Ms.Nos.228 and 229, dated 04.05.2021, I am of the view that the G.O's cannot over ride the statutory regulations of the Pharmacy Council of India and hence the said G.O's. have to give way to the Regulations of Pharmacy Council of India, which occupies the field as far as Education in Pharmacy is concerned.
13. In view of the above discussions, the impugned order dated 24.02.2025, issued by the 1st Respondent is set aside and the writ petition is allowed.
14. The 1st respondent is directed to grant consent of affiliation to the Petitioner College to start additional courses namely M.Pharm.
(Pharmaceutical analysis), M.Pharm. (Pharmacy practice) and Pharm. D. (Post Baccalaurate), without insisting on the Essentiality Certificate from the Government within a period of six (6) weeks from the date of receipt of a copy of this order.
15.Accordingly, writ petition is allowed. There shall be an order of no costs. Consequently, the connected miscellaneous petition is closed.
14.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm ) Vv Index : Yes/No Neutral Citation : Yes/No Speaking Order/Non-Speaking Order Note: Issue Order Copy on 17.03.2024 To:
1. The Registrar, Tamilnadu Dr.MGR Medical University 69, Anna Salai, Guindy, Chennai-600 032.
2. The Pharmacy Council of India, Represented by the Secretary-Cum-Registrar, I-300, 3rd Floor, Tower-I, World Trade Centre, Nauroji Nagar, New Delhi-110 029.
3. The Government of Tamilnadu, Represented by its Secretary, Health and Family Welfare Department, Fort St.George, Chennai-600 009.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm ) N.MALA, J.
Vv W.P.No.9065 of 2025 14.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 07:04:42 pm )