Sri Sai RR Institute of Pharmacy vs Dr. A.P.J. Abdul Kalam Technical University and Pharmacy Council of India

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.446 OF 2021

SRI SAI RR INSTITUTE OF PHARMACY ...PETITIONER(S) VERSUS

DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER ...RESPONDENT(S)

WITH WRIT PETITION (CIVIL) NO.448 OF 2021

SHRI BADRINATH COLLEGE OF PHARMACY ...PETITIONER(S) VERSUS

DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER ...RESPONDENT(S)

ORDER

B.R. GAVAI, J.

1. Both these writ petitions filed by the petitioner –

colleges seek various directions, including the direction to Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2021.07.06 respondent No. 1 ­ Dr. A.P.J. Abdul Kalam Technical University 18:02:42 IST Reason:

(hereinafter referred to as “the University”), i.e, to comply with

1 Notification dated 19.3.2021 issued by the State Government

and grant conditional affiliation to the petitioner – colleges for

Academic Year 2020­2021; direction directing the University to

organize special examinations for B. Pharma students for

Academic Year 2020­2021 in view of the aforesaid Notification

dated 19.3.2021; and direction to the University to permit

students of the petitioner – colleges to participate in the special

examinations.

2. It is the contention of the petitioner – colleges that the

facts in the present writ petitions are identical with the facts in

Writ Petition (Civil) No. 390 of 2021 (VIIT Pharmacy College and

another vs. Dr. A.P.J. Abdul Kalam Technical University and

another)1, which was allowed by this Court vide order dated

15.4.2021.

3. Insofar as Writ Petition (Civil) No. 390 of 2021 is

concerned, the University has not seriously disputed that the

1 2021 SCC Online SC 322

2 facts in the present writ petitions are similar to that in Writ

Petition (Civil) No. 390 of 2021. However, it is the contention of

the University, taken for the first time in Writ Petition (Civil) No.

448 of 2021 (Shri Badrinath College of Pharmacy vs. Dr. A.P.J.

Abdul Kalam Technical University & Anr.), that the petitioner ­

Shri Badrinath College of Pharmacy did not participate in the

counselling process and as such, is not entitled to any relief.

Another ground that has been taken is, that there is a similar

writ petition pending before the High Court filed by the

petitioner ­ Shri Badrinath College of Pharmacy with regard to

the same relief.

4. We find, that the facts in both the present writ

petitions are almost similar to facts in Writ Petition (Civil) No.

390 of 2021 decided by this Court on 15.4.2021. In both cases,

grant of affiliation was denied by the University on the sole

ground, that the timeline as prescribed by All India Council for

Technical Education (AICTE) had lapsed.

3

5. It is also not in dispute, that vide Notification dated

19.3.2021, the State Government after considering the

recommendations made by the Affiliation Committee has

granted conditional affiliation to the petitioner ­ colleges for

admission in B. Pharma course in compliance with the order of

the High Court passed in Writ Petition No.12536 of 2020.

6. The writ petitions have been filed by the petitioner –

colleges since the University has refused to grant affiliation to

the petitioner – colleges and to permit their students to appear

for First Year B. Pharma examination.

7. This Court while allowing Writ Petition (Civil) No. 390 of

2021 has observed thus:

“9. This Court, in the case of, Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy (supra), has held as under:­ “87. In view of the above and for the reasons stated above, it is held that in the field of Pharmacy Education and more particularly so far as the recognition of degrees and diplomas of Pharmacy

4 Education is concerned, the Pharmacy Act, 1948 shall prevail. The norms and regulations set by the PCI and other specified authorities under the Pharmacy Act would have to be followed by the concerned institutions imparting education for degrees and diplomas in Pharmacy, including the norms and regulations with respect to increase and/or decrease in intake capacity of the students and the decisions of the PCI shall only be followed by the institutions imparting degrees and diplomas in Pharmacy. The questions are answered accordingly.”

10. Indisputably, in the present case, the PCI has granted approval to both the petitioners vide order dated 10th April 2020, with intake capacity of 100 and 60 admissions/students respectively. Not only that, the petitions filed by the petitioners challenging the policy decision of the State Government dated 15 th May 2020, have been allowed by the High Court vide judgment and order dated 9 th November 2020. Indisputably, the State Government also vide notification dated 19 th March 2021, has granted conditional affiliation after considering the recommendations made by the Affiliation Committee. In the peculiar facts and circumstances of the case and particularly, taking into consideration, that the averments made on affidavit by the petitioners, are not controverted by the respondent No.1­ University, we find that the petition deserves to be allowed.”

5

8. As in the aforesaid case decided by order dated

15.4.2021, in the present case also the approval has been

granted by the Pharmacy Council of India (PCI) on 10.4.2021 to

both the petitioner – colleges with an intake capacity of 60

students each. The present petitioners have also filed the

petitions challenging the policy decision of the State

Government dated 15.5.2020 before the High Court and the

same have been allowed by the High Court by judgments and

orders dated 2.11.2020 and 10.11.2020. In the present case

also, the State Government vide Notification dated 19.3.2021

has granted conditional affiliation after considering the

recommendations made by the Affiliation Committee.

9. In the peculiar facts and circumstances of the case,

particularly finding that the facts in both the present cases are

almost similar with the facts in Writ Petition (Civil) No. 390 of

2021, we are of the view that the present petitioners are also

entitled to the same relief as is granted by this Court in Writ

Petition (Civil) No. 390 of 2021.

6

10. We are therefore inclined to allow the petitions in the

following terms:

The University is therefore directed to grant affiliation

to the petitioner ­ Colleges for the Academic Year 2020­21 and

also permit the students of the petitioner ­ Colleges to

participate in the special examinations to be organized by the

University for the Academic Year 2020­21 in view of the

Notification dated 19th March 2021.

11. The writ petitions are allowed in the above terms.

…..….......................J. [R.F. NARIMAN]

.................................J. [K.M. JOSEPH]

…….........................J. [B.R. GAVAI]

NEW DELHI;

JULY 06, 2021.

7