Neutral Citation No. - 2024:AHC-LKO:86560
Court No. - 13
Case :- WRIT - C No. - 11473 of 2024
Petitioner :- Maa Shringari Devi College Of Pharmacy Azamgarh Thru.
Manager Bibhav Kumar Yadav And 6 Others
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical
Education U.P. Lko. And 3 Others
Counsel for Petitioner :- Ajay Pratap Singh
Counsel for Respondent :- C.S.C.,D.K. Singh Chauhan,Ravi Singh
Hon'ble Rajeev Singh,J.
1. The matter has been taken up during the
vacations on an application for urgency having
been made by learned counsel for the petitioner.
2. Heard Sri Ajay Pratap Singh, learned counsel for
the petitioner, Sri Rahul Shukla, learned Additional
Chief Standing counsel for State - respondent No.s
1 and 2, Sri Ravi Singh for respondent No.3-
Pharmacy Council of India and Sri D. K. Singh
Chauhan for respondent No.4-Joint Entrance
Examination Council (Polytechnic), Uttar Pradesh
Guru Gobind Singh Marg, Lucknow.
3.Petition has been filed challenging orders dated
6th December, 2024, 9th December, 2024 and
10th December, 2024 pertaining to rejection of
petitioner institutes' application for the D. Pharma
course for the academic session 2024-25 by
means of which the approval of the petitioners'
institutes have been rejected.
4. Learned counsel for the petitioner has drawn
attention to the impugned order itself which
indicates the date of meeting of the executive
council of the Pharmacy Council of India as 07th
November, 2024. He has thereafter adverted to
the minutes of meeting held on 07th November,
2024, particularly paragraph 10.2 (c) thereof,
whereby has been indicated that inspection was
taking time and around 346 institutions were yet
to be inspected as on that date. He has thereafter
drawn attention to the list appended to the
resolution indicating name of petitioner institution
for the D.Pharma course as one of the institutes
for which the inspection was yet pending. Learned
counsel for the petitioner has also drawn attention
to the direction issued by Hon'ble Supreme Court
dated 19th November, 2024 passed in proceedings
arising out of C.A. 9048 of 2012, Parshavanath
Charitable Trust and another vs. All India Council
for Technical Education and others, whereby
directions have been issued to the Pharmacy
Council of India to decide cases where inspection
has already been conducted prior to cut off date
so that institute can avail itself of an appellate
remedy and further for direction to conduct
inspections and make a decision before the cut off
date where inspection has already been
conducted.
5. Sri Ravi Singh, learned counsel appearing for
Pharmacy Council of India (PCI) does not dispute
this fact that in the identical cases, protection has
already been given to the similarly situated
petitioners. It has further stated that there was
some delay in communication of the rejection
order.
6. A perusal of aforesaid facts and circumstances
makes it clear that the order rejecting petitioner's
approval was communicated on 9/10.12.2024
although the order rejecting such approval was
passed on 07.11.2024. Various reasons and
difÏculties have been indicated during the
arguments as to why the rejection order could not
be communicated within a reasonable time period
in order to enable petitioner to avail itself of the
alternative remedy of filing appeal which could be
decided before the last date fixed by Hon'ble
supreme Court as 10.12.2024.
7. Nonetheless the fact still remains that
petitioner's application for approval was rejected
by PCI on 07.11.2024 and communication of the
said rejection order was made only on
9/10.12.2024, which was last date fixed for
decision on appeal. It is admitted between the
parties that after approval is granted by PCI, an
institute is required to seek afÏliation by the Board
of Technical Education whereafter only the
institute can participate in the counselling process.
8. It is also admitted that last date fixed for grant
of afÏliation was also 14.12.2024, which has also
in the meantime expired.
9. Learned counsel have adverted to order dated
13.12.2024 passed by Hon'ble Supreme Court in
the case of Parshavanath Charitable Trust and
another versus All India Council for Technical
Education and others, Misc. Application
bearing Diary No. 55173 of 2024 in Civil
Appeal No. 9048 of 2012 to submit that even
after expiry of the last date fixed for purposes of
approval by PCI, a letter dated 13.12.2024 issued
by PCI praying for permission to convey right
decision and rectify and erroneous decision was
filed whereafter appropriate directions were also
issued by Hon'ble Supreme Court. Such a direction
issued by Hon'ble Supreme Court is as follows:-
"1. Learned counsel for the Pharmacy Council of India has placed a
letter dated 13.12.2024 praying for permission of this court to convey
the right decision and rectify an erroneous decision, which was taken
earlier.
2. Permission is granted.
3. Needless to state that the permission granted by the Pharmacy
Council of India shall relate back to the date on which the earlier
incorrect order was passed.
4. Insofar as the direction to the State Government to permit the
applicant(s) to admit the students concerned after the cut off date is
concerned, we direct the applicant(s) to make a representation to the
State Government, which would be considered on its own merits, in
accordance with law.
5. These applications are accordingly disposed of.
6. Pending applications(s), including application for
intervention/implementation, shall stand disposed of."
10. It has further been pointed out that the matter
was listed before the Hon'ble Supreme Court on
20.12.2024 where fresh decision taken by the PCI
was informed to the Court and it was submitted by
them that they have considered and rectified the
decision of all the applicant's colleges except few
and further sought permission to rectify and
review decision on the applicant's colleges therein.
The Hon'ble Supreme Court considering the
request made by the PCI permitted them to grant
permission in respect to other colleges wherever it
has taken a decision to review and rectify earlier
order
11. From the aforesaid order, it appears that PCI
admitted before Hon'ble Supreme Court that
certain erroneous decisions had been taken and a
right to rectify such decisions have been sought,
which was granted by Hon'ble Supreme Court. It
was also indicated in the order that in case such a
rectified order is passed, it would relate back to
the date on which earlier incorrect order was
passed.
12. From the order, however, it is not discernible
as to whether the letter dated 13.12.2024 was
pertaining to only a single institute or was
generally applicable. Learned counsel for PCI also
does not have any instructions on that aspect.
13. However, in view of the arguments of learned
counsel for PCI, as well as the order passed by
Hon'ble Supreme Court dated 13.12.2024 and
20.12.2024, liberty is granted to PCI to re-visit the
case of petitioner's institution with regard to grant
of approval or otherwise for the Academic Session
2024-25 for conduct of D-Pharma Course in case
petitioner's institution would be covered by order
dated 13.12.2024 and 20.12.2024 passed by
Hon'ble Supreme Court.
14. Consequential action may be taken by PCI, in
accordance with law.
15. In consequence thereto, petitioner's institute
would also be at liberty to seek consequential
relief as granted by Hon'ble Supreme Court in the
order dated 13.12.2024 & 20.12.2024.
16. With the aforesaid directions, petition stands
disposed of.
Order Date :- 27.12.2024
Gaurav/-
Digitally signed by :-
GAURAV PAL
High Court of Judicature at Allahabad,
Lucknow Bench