Delhi High Court - Orders
Gyan Ganga College Of Pharmacy vs Pharmacy Council Of India on 10 March, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4062/2022
GYAN GANGA COLLEGE OF PHARMACY ..... Petitioner
Through Mr.Sanjay Sharawat with Mr.Divyank
Rana, Mr.Ashok Kumar, Advs.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through Mr.Zoheb Hossain with Mr.Vivek
Gurnani, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 10.03.2022
1. The petitioner has approached this Court seeking the following reliefs:-
[ a] Issue a Writ of Certiorari and quash· the letters dated 17.07.2019 and 09.09.2019 issued by the Respondent as the same are violative of the Pharmacy Act, 1948 and also violative of the Fundamental Rights guaranteed to the Petitioner under articles 14 and 19 of the Constitution of India; and [b] Issue a writ of mandamus and direct the Respondent to permit and allow the Petitioner to submit requisite applications for seeking approval for Pharmacy Courses for academic session 2022-23 with a further direction to them to process and decide the same in accordance with law de hors the moratorium/prohibition imposed by Respondent by letters dated 17.07.2019 and 09.09.2019; and
2. Learned counsel for the petitioner submits that the impugned decisions of the respondent dated 17.07.2019 and 09.09.2019 have already been quashed by a Coordinate Bench of this Court in a batch Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:11.03.2022 13:27:11 of petitions including Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India [W.P.(C)175/2021]. He, therefore, prays that the respondent be directed to now open the portal so that the petitioner can submit its application, which may be decided before 30.04.2022 and consider the petitioner's application in accordance with applicable regulations.
3. Issue notice. Learned counsel for the respondent accepts notice and is not in a position to dispute that the respondent's decisions not to open the portal have been set aside by a Coordinate Bench of this Court in a batch of petitions including Shaheed Teg Bahadur College of Pharmacy(supra). He, however, submits that an SLP has already been filed assailing the said decision and, therefore, prays that hearing be deferred.
4. In the light of the stand taken by the parties, the requirement of completion of pleadings stands waived. What emerges is that prayer 'a' sought by the petitioner is covered by the decision in Shaheed Teg Bahadur College of Pharmacy(supra). Insofar as prayer 'b', wherein the petitioner seeks a direction to the respondent to permit it to submit the requisite application for the academic session 2022-23 is concerned, I am of the view that once the respondent's decision not to open the portal stands quashed, the respondent is required to open the portal to permit the petitioner to submit its application as per the regulations.
5. The writ petition is, therefore, allowed by directing the respondent to open the portal, wherein the petitioner would be entitled to submit its application which will be expeditiously considered as per the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:11.03.2022 13:27:11 Regulations.
6. Needless to state this order would be subject to any order as may be passed in the SLP, which the respondent claims has been filed assailing the decision in Shaheed Teg Bahadur College of Pharmacy(supra).
REKHA PALLI, J MARCH 10, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:11.03.2022 13:27:11