Delhi High Court - Orders
Jagannath Institute Of Pharmacy vs Pharmacy Council Of India on 25 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~41, 43 & 47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16015/2022
JAGANNATH INSTITUTE OF PHARMACY ..... Petitioner
+ W.P.(C) 16023/2022
SHRI BALAJI COLLEGE OF PHARMACY ..... Petitioner
+ W.P.(C) 16031/2022
LOKMAN SINGH COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat, Mr. Divyank
Rana, Mr. Akash Sahraya and Mr.
Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Abhishek Singh, Mr. Amit Bhalla
and Mr. Akshat Choudhary,
Advocates with Dr. Mudgal.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 25.11.2022
1. Petitioners were parties to W.P.(C) 888/2022, decided by the Supreme Court vide order dated 21st October, 2022, which reads as follows:
" 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 Signature Not Verified Digitally Signed W.P.(C) 16015/2022 & connected matters Page 1 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52 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]
2. The Executive Committee of Respondent - Pharmacy Council of India ["PCI"], in its 381st meeting held on 11th November, 2022, has decided to reject Petitioners' applications on the ground that they have not submitted their affidavits of compliance in terms of the afore-noted order.
3. Mr. Sanjay Sharawat, counsel for Petitioners, submits that Petitioners had filed their affidavits of compliance with the Supreme Court. Copies of such affidavits have been handed over across the board and are taken on record.
4. The Supreme Court in its order dated 14th November, 2022 passed the following order taking Petitioners' affidavits on record:
"Shri Gaurav Sharma, learned counsel appearing for Pharmacy Council of India, states that the time schedule, as fixed by this Court in the order dated 21.10.2022 is being scrupulously followed. In that view of the matter, nothing survives for adjudication.
The writ petitions are accordingly, disposed of.
The affidavits filed by the petitioners, pursuant to this court's order dated 21.10.2022, are taken on record.Signature Not Verified Digitally Signed W.P.(C) 16015/2022 & connected matters Page 2 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52
Pending application(s), if any, shall stand disposed of."
5. In view of the above, there can be no doubt about compliance of the directions of the Supreme Court and thus, reason for rejection is ex-facie untenable.
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:
"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 -
Signature Not Verified Digitally Signed W.P.(C) 16015/2022 & connected matters Page 3 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52a) 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 Compliance Annexure No.of the appeal (please quote decision as supporting document available on PCI website) 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"
7. 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 affidavits of compliance, that were found deficient, 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 affidavits that are furnished by them, in terms of the judgment of the Supreme Court noted above.Signature Not Verified Digitally Signed W.P.(C) 16015/2022 & connected matters Page 4 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52
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) 16015/2022 & connected matters Page 5 of 5 By:SAPNA SETHI Signing Date:28.11.2022 19:27:52