Star Institute Of Pharmacy vs Pharmacy Council Of India And Anr on 9 November, 2022

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Delhi High Court - Orders

Star Institute Of Pharmacy vs Pharmacy Council Of India And Anr on 9 November, 2022

Bench: Sanjeev Narula

                          $~65
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 13575/2019
                                 STAR INSTITUTE OF PHARMACY                              ..... Petitioner
                                                    Through:     Mr. Sanjay Sharawat, Mr. Divyank
                                                                 Rana, Mr. Aakash Sahraya and
                                                                 Mr. Ashok Kumar, Advocates.

                                                    versus

                                 PHARMACY COUNCIL OF INDIA AND ANR. ..... Respondents
                                                    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 CM APPL. 47664/2022 (u/S 151 of the Code of Civil Procedure, 1908 on behalf of Petitioner seeking further directions)

1. On 20th December, 2019, an interim order directing PCI to process application of Petitioner-Institute, was granted. However, it was clarified that no final decision be taken thereon till the time a decision is rendered on merits. On 10th March, 2022, the writ petition was disposed of in terms of judgement of this Court dated 07th March, 2022 in Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India [W.P. (C) 175/2021]. Now, the issue qua imposition of moratorium on opening of new colleges, as urged in the petition, has been finally decided by the Supreme Court in Pharmacy Council of India v. Rajeev College of Pharmacy and Ors. dated Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:11.11.2022 12:43:57 15th September, 2022.1

2. Subsequent thereto, a writ petition [W.P. (C) 888/2022] seeking consequential directions was filed before the Supreme Court, wherein on 21st October, 2022, following order was passed:

" 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]

3. The aforenoted order is applicable to Petitioner-Institute, who is governed by interim orders passed by this Court, which fact is not in dispute. The affidavit, in terms of directions of the Supreme Court, has been annexed along with application [Annexure A-4]. The same is taken on record and the 1 2022 SCC OnLine SC 1224.

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:11.11.2022 12:43:57

present application 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.

SANJEEV NARULA, J NOVEMBER 9, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:11.11.2022 12:43:57

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Delhi High Court - Orders