Allahabad High Court
Pt.Dev Narayan Shukla College Of ... vs State Of U.P. Thru. Prin. Secy. ... on 1 December, 2020
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MISC. SINGLE No. - 22921 of 2020 Petitioner :- Pt.Dev Narayan Shukla College Of Pharmacy Thru. Manager Respondent :- State Of U.P. Thru. Prin. Secy. Technical Education,Lko.&Ors Counsel for Petitioner :- Shyam Kumar Tiwari,Anil Kumar Maurya Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State, Sri Ravi Singh, learned counsel for the opposite party no. 3 as well as Sri Atul Kumar Dwivedi, learned counsel for the opposite party nos. 4 and 5.
This petition has been filed challenging the decision of the State Government at Agenda Item No.1.03 taken in its meeting held on 15.05.2020 and for a direction to the opposite parties to grant affiliation for running B.Pharma Course with other prayers.
Submission of learned counsel for the petitioner is that the petitioner has applied for running B.Pharma course, for which the approval has already been granted by the Pharmacy Council of India(PCI) subject to conditions mentioned therein. The petitioner has applied for affiliation to the University and deposited the requisite fees also but the same has not been considered as NOC/approval was not given to the petitioner by the State Government and the same was rejected by means of the decision dated 15.05.2020. The same decision was challenged before this Court in a bunch of Writ Petitions and the same have been allowed by means of the judgment and order dated 02.11.2020 passed in bunch of writ petitions, leading being Writ petition No.12536(M/S) of 2020(Zee College of Pharmacy Unnao versus State of U.P. & Others) and other connected matters. Accordingly he prayed for quashing the decision dated 15.05.2020 and directing the opposite parties to consider the application of the petitioner for affiliation within shortest possible time.
Learned counsel for the opposite parties does not dispute the aforesaid. However, learned counsel for the PCI submitted that the approval was granted subject to the consent of affiliation of Examining Authority and NOC/approval of the State Government for starting of the B.Pharma course before making admission and submitting the same before the PCI and in case the affiliation is considered and granted by the University, the PCI has no objection.
Learned counsel for the University submitted that the judgment passed on 02.11.2020(supra) is only in respect of the petitioners in the said writ petition. However, he and learned Additional Chief Standing Counsel does not dispute that by means of the said judgement, the decision of the State Government dated 15.05.2020 has been set aside. He further submitted that in case any direction is issued, the application of the petitioner shall be considered within a week from today in accordance with law.
The bunch of writ petitions, leading being Misc. Single No.12536 of 2020(Zee College of Pharmacy Unnao versus State of U.P. & Others) filed against the recommendation/ decision dated 15.05.2020 of the Review Affiliation Committee of the State of U.P. refusing No Objection Certificate(NOC) to the petitioner institutions for recognition of additional courses of Bachelor in Pharmacy has been allowed by a Co-ordinate Bench of this Court by means of the judgment and order dated 02.11.2020 considering the judgment of the Hon'ble Apex Court in the case of Jaya Gokul Educational Trust versus Commissioner & Secretary to Government Higher Education Department, Thiruvananthapuram, Kerala State and another; (2000) 5 SCC 231, State of Maharashtra versus Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others; (2006) 9 SCC 1 and The Pharmacy Council of India versus Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy and Ors. Etc. (2020) SCC 296 and set aside the decision dated 15.05.2020 in regard to the petitioner institutions therein. There is no dispute that petitioner is similarly situated therefore the said order is liable to be set aside in regard to petitioner also.
In view of above, the writ petition is allowed and the decision taken by the State Government dated 15.05.2020 is set aside only to the extent of Clause 1.03 of the aforesaid decision taken in respect of the petitioner and the opposite parties shall take a decision on the application of the petitioner for affiliation in accordance with law expeditiously say within a period of one week from today,as submitted by learned counsel for the University.
No order as to costs.
Learned counsel for the parties shall communicate this order to the opposite parties forthwith.
Order Date :- 1.12.2020/Asheesh