Gujarat High Court
Nikiben Rajeshbhai Brahmbhatt vs State Of Gujarat & 7 on 15 October, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/3508/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3508 of 2014
TO
SPECIAL CIVIL APPLICATION NO. 3517 of 2014
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NIKIBEN RAJESHBHAI BRAHMBHATT....Petitioner(s)
Versus
STATE OF GUJARAT & 7....Respondent(s)
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Appearance:
MR.HASMUKH S SOLANKI, ADVOCATE for the Petitioner(s) No. 1
MR ATIT D THAKORE, ADVOCATE for the Respondent(s) No. 8
MR KT DAVE, ADVOCATE for the Respondent(s) No. 3
MR YC CONTRACTOR, ADVOCATE for the Respondent(s) No. 4
MS MAMTA R VYAS, ADVOCATE for the Respondent(s) No. 6
NOTICE SERVED BY DS for the Respondent(s) No. 1 - 2 , 5 , 7
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 15/10/2014
COMMON ORAL ORDER
1. Learned advocate for the petitioners, learned AGP, Mr. A.D. Thakore, learned advocate for respondent No.8 and Ms. Vyas, learned advocate for respondent No.6 have, at the outset, jointly submitted that all the petitions of this group are almost identical and except some minor details, the basic facts, the contentions and the Page 1 of 11 C/SCA/3508/2014 ORDER relief prayed for are common and similar in all petitions and that, therefore, all the petitions of this group may be decided by common order.
2. In view of the said submission, for the purpose of present order, reference to the details mentioned in and relief prayed for in the petition being SCA No.3508/2014, is taken as the base.
3. In SCA No.3508/2014, the petitioners have prayed, inter alia, that:
"7B. Your Lordships may be pleased to issue the writ of mandamus or any other writ in the nature of mandamus and/or direction and further be pleased to direct the respondent no.3 and 8 to provide the certificate as a pharmacist to the petitioner and register the present petitioner as Pharmacist under the Pharmacy Act.
C. Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent no.3 and 8 to register the present petitioner as Pharmacist under the Pharmacy Act, 1948."
4. So as to justify the relief prayed for in the petition, the petitioners have averred, inter alia, that:
Page 2 of 11 C/SCA/3508/2014 ORDER
"3.1 The petitioner states that the petitioner has passed her H.S.C. Exam in the Science Stream in the year2005 from the Gujarat Stat & Higher Secondary Education Board, Gandhinagar. The petitioner states that thereafter the petitioner has taken admission through respondent no.2 (Central Admission Committee) by the way of Management Quota in respondent no.6 college (B.D. Rao Pharmacy College) which is approved self finance college of respondent no.4 (SNDT Women's University) in the course of Diploma of Pharmacy int eh Academic year 20052006.
3.2 The petitioner states that petitioner has started study int eh respondent no.6 college and she has been successfully passed the Final Year of the Diploma in Pharmacy Course in the year 2007.
3.3 The petitioner states that thereafter as per the rules and regulation of Pharmacy Council of India the petitioner have completed Practical Training Programm Accordingly.
3.4 The petitioner states and submits that after completing her Diploma of Pharmacy2007 the petitioner took admission through respondent no.2 (Central Admission Committee) in respondent no.7 college (G.B.H Pharmacy CollegeAniyad) which is approved self finance college of the respondent no.5 Gujarat University in the Course of Degree Pharmacy for the academic year 20072008.
3.5 The petitioner states that the petitioner has started studies in respondent no.7 college and she has been successfully completing her Degree of Pharmacy in the year April2010.
3.6 The petitioner states that thereafter as per the rules and regulation of Pharmacy Council of India the petitioner have completed Practical Training Programme for completing her degree of Pharmacy accordingly.
3.7 The petitioner states that the respondent no.7 B.Pharm College has approval from the respondent no.3 (Pharmacy Council) herein i.e. the Pharmacy Council of India.
3.8 The petitioner states that thereafter the petitioner has successfully completing her both Diploma in Pharmacy and Degree in Pharmacy as per the rules and regulations the present petitioner has applied for the registration of Pharmacist. The respondent no.8 i.e. Gujarat State Pharmacy Council herein has rejected the said application on the ground that the D.Pharm college i.e. respondent no.6 (B.D. Rao Pharmacy College) Page 3 of 11 C/SCA/3508/2014 ORDER college even that college are also shut down was not holding approval from Pharmacy Council of India i.e. respondent no.3 herein. The petitioner further states and submits that the petitioner has been given an application under the RTI Act to the respondent no.8 that successfully completing her Diploma of Pharmacy as per the norms and rules of the Pharmacy Act even that after the completing degree of Pharmacy and said college having the approval from the respondent no.3 even though the petitioner cannot get registration of Pharmacist as per the rules of respondent no.3 and as per Pharmacy Act, 1948 and suggested the present petitioner to approach respondent no.3 for the further assistance.
3.9 The petitioner states and submits that the said act of the respondent No.1 to 8 is contrary to law, perverse, arbitrary and violative of Article 14 of the Constitution of India.
3.10 The petitioner respectfully submits that Diploma admission has been granted from the academic year 20052006 by Central Admission Committee i.e. the respondent no.2 and the said committee functions with the SNDT University i.e. respondent no.4. The petitioner further submitted that Degree admission has been granted from the academic year 20082009 by Central Admission Committee i.e. respondent no.2 and the said committee functions with the Gujarat University i.e. respondent No.5. It is respectfully submitted that the authorities i.e. the respondent no.1, 2, 4,5 are duly bound at the admission is granted to a college, which has the requisite permission recognitions and affiliations from all the concerned authorities. The petitioner states that the petitioner has never been apprised, informed or told by any of the concerned respondents that their admission is subject to recognition/affiliations from respective authorities. It is an admitted position that the admission to the Pharmacy College run by the respondent no.6 trust have been made by following the admission pattern on merit basis only through respondent no.2 and authorities have acted in a manner which reassures that students taking admission that respondent no.6 trust run Pharmacy College is duly recognized and having due affiliations of the concerned authorities for the educational facilities provided by it and finally conferring duly recognized valid and lawful degree by the respondent no.4 SNDT University, which at the end of the day shall be the basic for the futures of the students so enrolled."
5. Today, when the matter is called out and Page 4 of 11 C/SCA/3508/2014 ORDER taken out for hearing, Mr. Solanki, learned advocate for the petitioners, Mr. Thakore, learned advocate for respondent No.8, Ms. Vyas, learned advocate for respondent No.6 and Mr.Ashar, learned AGP are present. Mr. Dave, learned advocate for respondent No.3 has filed leave note. Learned advocate for respondent No.4 is not present.
6. Today, during the hearing, Mr. A.D. Thakore, learned advocate for respondent No.,8 i.e. Pharmacy Council of India, has placed on record decision/communication dated 14.8.2014. The said communication/decision reads thus:
"Sub:i) Decision of 257th / EC (July, 2014) of the PCI.
ii) Consideration of approval of D. Pharm.
course unapproved batch, for the year 2005 2006 & 20072008 Sir, This is a reference to the subject cited above. In this connection I am directed to state that matter regarding approval of your institution was placed in 257th Executive Committee of the PCI in its meeting held in 13th July, 2014, decision as enclosed as AppendixA. The recommendation of the Executive Committee meeting Page 5 of 11 C/SCA/3508/2014 ORDER is subject to ratification from Central Council meeting of PCI.
You are also requested to also submit closure fee of Rs.50,000/ in the form of Demand Draft in favour of Pharmacy Council of India at New Delhi."
7. Learned advocates for the petitioners and the respondents have jointly submitted that by virtue of the said communication/decision dated 14.8.2014, the Executive Committee has resolved, approved and recommended for approval of D.Pharm. course and the batch for the year 20052006 and 20072008 of respondent No.6 institute and the students.
8. The minutes of 02.257th meeting of Executive Committee of the Pharmacy Council of India, which was convened on 13.7.2014, is attached/annexed to the said communication/decision dated 14.8.2014.
9. According to the said minutes, the Executive Committee discussed State / File No. Name of institutions - Gujarat 170944/2011PCI Shri B.D. Rao Pharmacy College (Diploma), Shri B.D. Rao College Campus, Shri B.D. Rao College Page 6 of 11 C/SCA/3508/2014 ORDER Road,Khambhat388620, Dist. Anand during the said meeting.
10. The cases of 46 students of 20052006 and cases 19 students of 20072008 came to be considered by the Executive Committee.
11. The committee also took note of the fact that the concerned institution, i.e. respondent No.6 institute is closed since the academic session 20102011.
12. The minutes of the meeting records the decision of the Executive Committee, which reads thus:
"It was decided to recommend to Council to grant approval to the D. Pharm course and examination u/s 12 of the Pharmacy Act, 1948 for 46 students for 20052006 and 19 students for 20072008 academic session for 20072008 academic session as certified by the S.N.D.T. Women's University, Mumbai without citing a precedence. The list of students is enclosed as AppendixI."
13. Thus, the Executive Committee has recommended to the Council to grant approval to the D. Pharm. course and the examinations held by the institute Page 7 of 11 C/SCA/3508/2014 ORDER for 46 students for 20052006 and 19 students for 20072008 academic session.
14. It is clarified by the committee that the said decision will not be cited as precedence.
15. The list of the names of the students whose cases came to be recommended/approved, is attached to the said minutes as AnnexureI.
16. In view of the said decision, learned advocates for the petitioners and the respondents have jointly submitted that the names of all the petitioners are included in the list attached to the said minutes which are forwarded under the communication/order dated 14.8.2014.
17. Ms. Vyas, learned advocate for respondent No.6 institute submitted that actually even the institute has placed the said decision/communication dated 14.8.2014 on record of this petition and that the respondent No.6 Page 8 of 11 C/SCA/3508/2014 ORDER institute has, probably, paid the requisite fees as mentioned in the communication dated 14.8.2014, however, if such fees is not paid,then needful will be done and the fees will be paid at the earliest.
18. It is not in dispute that the annexure to the decision/resolution contains the names of the petitioners.
19. Learned advocate for the petitioners also confirmed that the names of the petitioners are included in the said list.
20. In this view of the matter, learned advocates for the petitioners and the respondents jointly submitted and declared that in view of and pursuant to the said resolution/decision dated 14.8.2014, the cause for continuing the petition and prosecuting the petition does not survive and the petitions may be disposed of accordingly. Page 9 of 11 C/SCA/3508/2014 ORDER
21. Learned advocates for the respondents, more particularly respondent No.6 institute, submitted that the requisite formalities, which are required to be completed by the institute and other concerned persons, will be completed in accordance with the said decision/resolution and on completion of such formalities, the Registration Certificate may be issued by the authority.
22. In this view of the matter, these petitions are disposed of in light of the abovementioned statement and submissions by learned advocates for the petitioners and the respondents and in light of the communication/decision dated 14.8.2014 as well as the minutes of meeting convened on 13.7.2014, these petitions are disposed of. The parties shall abide by the submissions and statement and the communication/decision dated 14.8.2014 and the minutes of the meeting dated 13.7.2014. Page 10 of 11 C/SCA/3508/2014 ORDER
With the aforesaid clarification, the petitions are disposed of.
Direct Service is permitted.
(K.M.THAKER, J.) Bharat Page 11 of 11