Rajasthan High Court - Jodhpur
Vision Institute Of Pharmacy vs Pharmacy Council Of India on 7 September, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9984/2022
Vision Institute of Pharmacy, Lakhna Vatika Road, Sanganer,
Jaipur runs under the parental body Vansh Educational Society,
D-55, Ramnagar, Shastri Nagar, Jaipur (Raj.) Through Its
Secretary Shabana Farooqui D/o Hafiz Zahoor Hussain, Aged 44
Years, R/o D-55, Ramnagar, Jaipur (Raj.).
----Petitioner
Versus
1. Pharmacy Council of India, NBCC Centre, 3rd Floor, Plot
No. 2, Community Centre, Maa Anandamai Marg, Okhla
Phase -I, New Delhi Through Its Registrar Cum Secretary.
2. Rajasthan University of Health Sciences, Sector 18,
Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar.
----Respondents
S.B. Civil Writ Petition No. 9995/2022
L.N. Insitute of Pharmaceutical Science, Kavath, Neem Ka
Thana, Sikar runs under the parental body Shri Tejaji Health
and Education Society, Flat No.G-6, Neelgiri Apartment, (D-
34), Saraswati Marg, Meera Marg, Bani Park, Jaipur (Raj.)
Through Its Secretary Taqui Ahmed Farooqui S/o Sayeed
Ahmed Farooqui, Aged 38 Years, Resident of D-55, Ram Nagar,
Shastri Nagar, Jaipur (Raj.).
----Petitioner
Versus
1. Pharmacy Council of India, NBCC Centre, 3 rd Floor, Plot
No.2, Community Centre, Maa Anandamai Marg, Okhla
Phase I, New Delhi Through Its Registrar cum Secretary.
2. Rajasthan University of Health Sciences, Sector-18,
Kumbha Marg, Pratap Nagar, Jaipur Through Its
Registrar.
----Respondents
S.B. Civil Writ Petition No. 11716/2022
B. Lal Institute of Pharmacy, Village Danta, Tehsil Sanchore,
District Jalore runs under the parental body B.S. Shikshan
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(2 of 5) [CW-9984/2022]
Sansthan, Village Danta, Tehsil Sanchore, District Jalore
Through Its President Dr. B.L. Bishnoi S/o Shri Dhanna Ram,
Aged 47 Years, Resident of B. Lal Hospital, National Highway
No.68, Barmer Road, Kamalpura, Sanchore, District Jalore
(Raj.).
----Petitioner
Versus
1. Pharmacy Council of India, NBCC Centre, 3rd Floor, Plot
No.2, Community Centre, Maa Anandamai Marg, Okhla
Phase-I, New Delhi Through Its Registrar Cum
Secretary.
2. Rajasthan University of Health Sciences, Sector-18,
Kumbha Marg, Pratap Nagar, Jaipur Through Its
Registrar.
----Respondents
S.B. Civil Writ Petition No. 13261/2022
Maharaja Agarsen College, Bikaner Road, Near Indra Circle,
Suratgarh, Ganganagar through its parental body Skill
Development Trust, Indra Circle, Suratgarh through its
Secretary Naveen Khemka S/o Sh. Govind Ram Khemka,
Aged 38 years, R/o E-11, Basant Vihar Colony, Suratgarh,
Sriganganagar, Rajasthan.
----Petitioner
Versus
1. Pharmacy Council of India, NBCC Centre, 3 rd Floor,
Plot No.2, Community Centre, Maa Anandamai Marg,
Okhla Phase-I, New Delhi Through Its Registrar Cum
Secretary.
2. Rajasthan University of Health Sciences, Sector-18,
Kumbha Marg, Pratap Nagar, Jaipur Through Its
Registrar.
----Respondents
For Petitioner(s) : Mr. C. S. Kotwani
For Respondent(s) : Dr. Mohit Singhvi with Mr. Vishwas
Khatri for R-2.
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(3 of 5) [CW-9984/2022]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 07/09/2022 Heard learned counsel for the parties.
Learned counsel for the petitioners submits that the petitioners intend to run the course of D-Pharma and for the purpose, requisite formalities have been made with the respondent No.2-RUHS by way of filing appropriate application.
Learned counsel for the petitioners submits that the portal for submission of the application was opened by the Pharmacy Council of India vide order dated 03.07.2022 to be opened from 03.07.2022 to 15.07.2022, however, the petitioners could not file the application to the respondent No.2 before 15.07.2022. The Pharmacy Council of India once again opened the portal for new institutions vide order dated 04.08.2022 for the applications to be granted from 04.08.2022 to 10.08.2022.
Learned counsel for the petitioners submits that the petitioners preferred the application to the respondent No.2 before 10.08.2022, however, the respondent No.2 did not consider the same and has not processed the application on the ground that the petitioners have not submitted the application before 15.07.2022 and the respondent No.2 has not extended the date for receiving the application beyond 15.07.2022, therefore, application of the petitioners could not be processed. Learned counsel for the petitioners, at this juncture, submits that RUHS is only required to process the application to the Pharmacy Council of India and if the application is found complete in all respect, further proceedings for undertaking the course will be granted. He, therefore, prays that the respondent No.2 may kindly be (Downloaded on 07/09/2022 at 10:42:28 PM) (4 of 5) [CW-9984/2022] directed to process the application as the date of submission of the application has been extended by the Pharmacy Council of India.
Per contra, learned counsel for the respondent No.2 submits that the petitioners were not vigilant as they did not submit the application before 15.07.2022 and since the respondent No.2 has already extended the date of receiving the application from May, 2022 to 15.07.2022, therefore, the respondent No.2 is not under obligation to extend the date in consonance with the extension of date by the Pharmacy Council of India. Learned counsel for the respondent No.2 vehemently submits that 147 applications were processed, but, the petitioners did not submit their applications within time, therefore, no leniency should be extended in this case. He, therefore, submits that the writ petition is bereft of merit and the same may be dismissed.
I have considered the submissions made at the Bar and have gone through the pleadings as well as the relevant documents.
It is noted that the Pharmacy Council of India has opened the portal for new institutions after a period of five years and that too after the directions issued by the Hon'ble Delhi High Court and the Hon'ble Supreme Court. The opening of the portal for inviting applications has been made for the first time till 15.07.2022, however, the same was extended by 10.08.2022 and further till 07.09.2022 by the Pharmacy Council of India. The processing of the application will not create any right in favour of the petitioners as the final decision is to be taken by the Pharmacy Council of India for the grant of permission to run the courses.
This Court feels that the respondent No.2 is only processing the application and since the Pharmacy Council of India has (Downloaded on 07/09/2022 at 10:42:28 PM) (5 of 5) [CW-9984/2022] extended the date for the new entrats till 07.09.2022, therefore, the ends of justice will be met if the petitioners' application is processed by the respondent No.2 for running the courses of D- Pharma.
In view of the discussions made above, the writ petitions are disposed of with a direction to the respondent No.2 to process the application of the petitioners, if the same is found in prescribed format and in accordance with the provisions of law.
(VINIT KUMAR MATHUR),J 447, 448, 466 & C-1-Shahenshah/-
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