Allahabad High Court
Sri Vimalnath Pharmacy Institute ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 17 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- WRIT - C No. - 339 of 2023 Petitioner :- Sri Vimalnath Pharmacy Institute Sitapur Thru. Secy. Sanjay Jain Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Edu. And 3 Others Counsel for Petitioner :- Ranjana Agnihotri,Sudha Sharma Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner, Sri Vinod Singh, learned Additional Chief Standing Counsel for the State-respondents, Sri Ravi Singh, learned counsel for the respondent no. 2 and Sri Alok Kumar Pandey, learned counsel for the respondent no. 3 & 4.
Present petition has been filed for quashing the order dated 30.11.2022 by which grant of no objection certificate to run the B. Pharma Course for the session 2022-23 is rejected by the State Government.
It has been pointed out by the learned counsel for the respondents that now the date fixed by the Apex Court for grant of approval and affiliation to the B. Pharma Courses by Pharmacy Council of India (in short P.C.I.) & Dr. APJ Abdul Kalam Technical University (in short A.K.T.U.) is over for session 2022-23, therefore, in case petition is allowed, petitioner's institution may not be granted approval and affiliation by the P.C.I. & A.K.T.U. At this stage, learned counsel for the petitioner submitted that he is not pressing his prayer so far as quashing of the impugned order is concerned, but submitted that writ of mandamus may be issued to respondent no.1 to consider his application for grant of no objection certificate for session 2023-24 within the stipulated time.
Learned standing counsel for the State-respondents has no objection and submitted that petitioner may be permitted to file fresh application before the respondent no. 1. In case any such representation is filed, the same shall be considered and decided at the earliest.
Considering the facts and circumstances of the case, the present petition is disposed of with liberty to petitioner to file fresh application for grant of no objection certificate for the session 2023-24 before the respondent no.1 within two weeks from today. In case any such representation is filed before the respondent no.1, he shall consider and decide the same within a period of six weeks.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the application of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 17.1.2023 dk/