Delhi High Court - Orders
Sorabh Institute Of Pharmacy & Anr vs Pharmacy Council Of India on 25 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~39, 34, 40, 48 to 51, 55 to 56, 57, 59, 60, 62, 77 & 78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16008/2022 & CM APPL. 49943/2022
SORABH INSTITUTE OF PHARMACY & ANR. ..... Petitioners
Through:
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
With
CM APPL. 49361/2022 in W.P.(C)-348/2020(disposed of case),
W.P.(C) 16014/2022, W.P.(C) 16042-45/2022, W.P.(C) 16082/2022,
W.P.(C) 16107/2022, W.P.(C) 16194/2022, W.P.(C) 16243/2022,
W.P.(C) 16250/2022, W.P.(C) 16253/2022, W.P.(C) 16297/2022 &
W.P.(C) 16301/2022
For Petitioners: Mr. Amitesh Kumar and Ms. Binisa Mohanty,
Advocates.
Mr. Mayank Manish and Mr. Ravi Kant,
Advocates.
Mr. Brijendra Singh, Advocate.
Mr. Chandrashekhar Singh, Advocate.
For Respondents: Mr. Abhishek Singh, Mr. Rana Prashant, Mr. Amit
Bhall, Mr. Akshat Choudhary and Mr. Rohit
Kumar Singh, Advocates with Dr. Mudgal.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 25.11.2022
1. Since facts are identical and common grounds of challenge have been raised in the above-captioned petitions, they are being disposed of by way of Signature Not Verified Digitally Signed W.P.(C) 16008/2022 and connected matter Page 1 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52 a common order.
2. The controversy leading to the filing of the present petitions originated in the year 2019 when Respondent - Pharmacy Council of India ["PCI"] imposed a moratorium on opening of new pharmacy college(s).1 Aggrieved institutes, including Petitioners, filed petitions before this Court wherein interim directions were issued to PCI to process the applications, pending final adjudication. The said proceedings, after three years, culminated in a final judgement of the Supreme Court in Pharmacy Council of India v. Rajeev College of Pharmacy and Ors. dated 15th September, 2022 whereby aforesaid notifications were quashed and moratorium was lifted.2
3. Thereafter, since the applications were not being processed, at the instance of some institutes, the Supreme Court [in W.P.(C) 888/2022] passed the following order dated 21st October, 2022:
" 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 1 Vide circulars dated 17th July, 2019 and 9th September, 2019.2
2022 SCC OnLine SC 1224.Signature Not Verified Digitally Signed W.P.(C) 16008/2022 and connected matter Page 2 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52
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]
4. In terms of the above directions, a final decision on the applications of the Petitioner-Institutes has been taken by the Executive Committee of PCI in its 381st meeting held on 11th November, 2022, but in the negative. Petitioners are aggrieved with rejection, which is premised solely on the ground of non-submission of NOC/ consent of affiliation/ affidavits of compliance. This is invariably the common ground in all the petitions.
5. Counsel for Petitioners point out that the NOCs/ consent of affiliation issued by concerned examining authority were sent to Registrar-cum- Secretary of PCI, and the same were available on PCI's record. Further, affidavits of compliance were also supplied to PCI and they ought to have been considered before passing the impugned decision(s). The Court has perused the said documents, and ex-facie, it appears that the same have been ignored by PCI.
6. Dr. Archana Mudgal, Registrar of PCI, who is present in the Court and counsel for PCI apprise the Court of circular dated 24th November, 2022 issued by PCI, whereby an opportunity has been extended to all aggrieved institutes to submit compliance/ representation against decision taken in 381st meeting, on or before 06:00 PM on 07th December, 2022. The circular (copy whereof has been handed over and taken on record) reads as under:
Signature Not Verified Digitally Signed W.P.(C) 16008/2022 and connected matter Page 3 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52"Ref.No. 02.381/2022-PCI/14974-75 24th Nov 2022 14-56/2022-PCI (A) (Approval Process for 2022-2023 as) To all All Pharmacy Institutions covered in order dt.21.10.2022 in Writ Petition(s) (Civil) No(s).888/2022 with W.P.(C) No. 847/2022 passed by Hon'ble Supreme Court.
Sub: i) Compliance on the decisions of 381st Executive Committee (Item No.6) of the PCI as uploaded on PCI's website
ii) Compliance be submitted.
Sir/Madam, With reference to the subject cited above, it is informed that -
1. Decisions of 381st EC under Item No.6 (Annexure-B and Annexure-C) were uploaded on the Council's website.
2. The institutions may prefer an appeal and submit the compliance/ representation through e.mail / hard copy so as to reach the PCI on or before 7.12.2022 by 6:00 pm positively. For the purpose of ease of execution and effective management, compliance shall be submitted on the following e.mail ID only -
3. Please note that -
a) Compliance received after 7.12.2022 by 6:00 pm will not be entertained by the PCI.
b) the compliance shall be in the following format -
S.No. Decision of the PCI leading to Specific Annexure No.of the appeal (please quote decision as Compliance supporting available on PCI website) document if any
c) Wherever compliance relates to statutory documents, consent of affiliation of examining authority and/or State Government shall be in English and clearly legible.
Your kind support is solicited for effective management of appeal process 2022-2023.
Yours faithfully (ARCHNA MUDGAL) Registrar-cum-Secretary"
Signature Not Verified Digitally Signed W.P.(C) 16008/2022 and connected matter Page 4 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:527. Although, the circular provides that compliance/ representations should be submitted by 07th December, 2022, Petitioners have volunteered to file the necessary documents on or before 30th November, 2022. In light of the time constraint and urgency expressed, present petitions are allowed with following directions:
(i) The decision(s) taken in 381st meeting of the PCI held on 11th November, 2022 qua Petitioners' applications, are quashed.
(ii) Petitioners shall submit their compliance/ representation along with documents that were found deficient, in either Hindi or English language, in the manner provided in the afore-noted circular on the designated e-mail ID [[email protected]] on or before 30th November, 2022.
(iii) The Executive Committee of PCI shall, on or before 07 th December, 2022, take a fresh decision on Petitioners' applications, taking into consideration the documents that are furnished by them and in terms of the judgment of the Supreme Court noted above.
8. With the above directions, the present petitions, along with pending applications, are disposed of.
SANJEEV NARULA, J NOVEMBER 25, 2022/d.negi Signature Not Verified Digitally Signed W.P.(C) 16008/2022 and connected matter Page 5 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52