Delhi High Court - Orders
Srs College Of Pharmacy vs Pharmacy Council Of India on 18 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~36 to 42, 55, 57, 59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15720/2022
SRS COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 15721/2022
DS PHARMACY COLLEGE ..... Petitioner
+ W.P.(C) 15723/2022
PT AK SHARMA COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 15778/2022
MODERN COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 15802/2022
SARASWATI DEVI COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 15883/2022
KAZI NAZRUL ISLAM PHARMACEUTICAL SCIENCES & ANR.
..... Petitioners
+ W.P.(C) 15885/2022
LOKMANI COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 15936/2022
PRATAP CHANDRA INSTITUTE OF PHARMACEUTICAL
SCIENCES & ANR. ..... Petitioners
+ W.P.(C) 15940/2022
UTTARAN INSTITUTE OF MEDICAL SCIENCES & ANR.
..... Petitioners
+ W.P.(C) 15841/2022
DR BHAGAT SINGH RAI COLLEGE OF PHARMACY & ANR.
..... Petitioners
Signature Not Verified
Digitally Signed
By:SAPNA SETHI
Signing Date:19.11.2022
16:37:50
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
For Petitioners: Mr. Sanjay Sharawat, Mr. Divyank Rana, Mr.
Akash Sahraya and Mr. Ashok Kumar, Advocates
in Items 36 to 40, 42.
Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms.
Priti Kumari, Advocates in Items 41, 55, 57 & 59.
For Respondents: Mr. Kirtiman Singh, Ms. Manmeet Kaur Sareen,
Mr. Waize Ali Noor and Ms. Vidhi Jain,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 18.11.2022
1. Petitioners are new institutions who availed benefit of re-opening of online portal of Respondent - Pharmacy Council of India ["PCI"] pursuant to interim order dated 31st May, 2022 of the Supreme Court [in SLP (C) 4862/2022] and applied for approval to run B.Pharm./ D.Pharm. courses. Although the said order had directed PCI to accept and process applications of institutes who were writ petitioners before this Court in proceedings challenging imposition of moratorium, PCI extended this opportunity to all institutes desirous to apply vide several circulars issued in July-August, 2022.
2. Petitioner-Institutes are now aggrieved by non-processing of their applications, despite payment of requisite fees. They have approached this Court seeking fixation of appropriate timelines for disposal of their applications.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.11.2022 16:37:503. Counsel for parties jointly submit that the Supreme Court vide order dated 21st October, 2022 [in W.P.(C) 888/2022] directed PCI to take decision on applications for grant of approval by 15th November, 2022 and appeals, if any, shall be disposed latest by 15th December, 2022; however, the same are applicable only in respect of institutes that were inspected pursuant to interim orders of this Court. They also apprise the Court of extension of last date of admission to 30th December, 2022 by the Supreme Court.
4. In light of the foregoing, following directions are being issued:
(i) PCI shall, on or before 10th December, 2022, take decision on applications of all institutions who have submitted their applications taking benefit of the order dated 31st May, 2022 of the Supreme Court and circulars issued by PCI pursuant thereto.
(ii) If any appeal(s) is filed before the Appellate Authority, the same shall be disposed of by 20th December, 2022.
(iii) PCI shall operationalise its online portal for filing of appeals without awaiting the deadline of 10th December, 2022 so that institutions can take recourse to the remedy of appeal, in time, if so required.
5. With the above directions, the present petitions are disposed of.
SANJEEV NARULA, J NOVEMBER 18, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.11.2022 16:37:50