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1 - 7 of 7 (0.30 seconds)The All India Council For Technical Education Act, 1987
The Special Courts Act, 1979
Article 226 in Constitution of India [Constitution]
The Pharmacy Council Of India vs Dr.S.K.Toshniwal Educational Trusts ... on 5 March, 2020
''13. The scope of Pharmacy Act as well as the All India Council
for Technical Education Act came up for consideration before the
Hon'ble Supreme Court of India in Pharmacy Council of India v.
Dr.S.K.Toshniwal Educational Trust Vidarbha Institute of Pharmacy and
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W.P.(MD)No.7058 of 2025
Others [2020 SCC Online SC 296 =2020 (2) MLJ 656 (SC)]. In the said
decision, the issue involved as to the applicability of the Pharmacy Act,
1948 or All India Council for Technical Education Act, 1987 in relation
to the subject of Pharmacy including approval of courses of study,
minimum standards of education required for qualification as a
Pharmacist, registration as a Pharmacist, regulation of future
professional conduct etc. and it is relevant to extract para 77 of the said
judgment:-
Maharaja Pratap Singh Bahadur vs Thakur Manmohan Deo And Ors on 28 February, 1966
''77.Applying the law laid down by this Court in the
aforesaid decisions, viz., Maharaja Pratap Singh Bahadur
V. Thakur Manmohan Dey [AIR 1966 SC 1931 : 1966 [3]
SCR 663], and as observed hereinabove, the Pharmacy Act
is a Special Act in the field of pharmacy and it is a
complete code in itself in the field of pharmacy, the
Pharmacy Act shall prevail over the AICTE Act, which, as
observe hereinabove, is a general statute dealing with
technical education/institutions. Therefore, the submission
on behalf of AICTE and / or concerned educational
institutions that the that the AICTE Act is a subsequent law
and in the definition of ''technical education'', it includes
the ''pharmacy'' and therefore, it can be said to be an
''implied repeal'', cannot be accepted. At this stage, it is
required to be noted that as such in the AICTE Act there is
no specific repeal of the Pharmacy Act, more particularly
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W.P.(MD)No.7058 of 2025
when, as observed hereinabove, the Pharmacy Act is a
Special Act and the subsequent enactment of AICTE Act is
general and therefore, the Pharmacy Act being a Special
Act must prevail. Apart from that, with regard to several
aspects, there is no provision made in AICTE Act which are
exclusively within the domain of PCI. Thus, it cannot be
accepted that there is ''implied repeal'' of the Pharmacy
Act.''
Annai J.K.K.Sampoorani Ammal ... vs The Tamil Nadu Dr.M.G.R.Medical ... on 8 August, 2017
6. The learned Judge was pleased to follow the decision of the Hon'ble
Division Bench rendered in Writ Appeal No.3534 of 2019 (Annai
J.K.K.Sampoorani Ammal Charitable Trust vs. The Registrar, Tamil Nadu
Dr.M.G.R.Medical University). Paragraph Nos.13 and 14 of the said order read
as follows:-
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