Neutral Citation No. - 2024:AHC-LKO:86568
Court No. - 13
Case :- WRIT - C No. - 11478 of 2024
Petitioner :- Dharma Devi Mahavidyalaya, Jaunpur Thru. Manager
Vikash Yadav
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of
Technical Education Lko. And 3 Others
Counsel for Petitioner :- Sunil Kumar 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. Learned counsel for the petitioner is permitted to implead the prayer
of the present petition forthwith.
3. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner, Sri
Rahul Shukla, learned Additional Chief Standing counsel for State -
respondent No.s 1 and 2, Sri Shishir Srivastava, Advocate holding
brief of 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.
4. 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.
5. 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.
6. Sri Shishir Srivastava, Advocate holding brief of Sri Ravi Singh,
learned counsel appearing for Pharmacy Council of India (PCI)
informs that rejection order dated 28.11.2024 was already uploaded on
the website of Pharmacy Council of India but he is unable to produce
any documentary evidence that the same was communicated to the
petitioner. He also does not dispute this fact that several orders have
already been passed by this Court in the matters, in which rejection
orders were communicated after some delay.
7. Considering the facts and circumstances of the case, it is evident
that the rejection order dated 28.11.2024 was uploaded on the website,
but it was not communicated to the petitioner till today, therefore,
alternative remedy of appeal could not be filed, which was to be
decided before the last date fixed by the Hon'ble Supreme Court i.e.
10.12.2024.
8. Nonetheless, the fact still remains that the petitioner's application
for approval was rejected by P.C.I. on 28.11.2024, but the same was
not communicated to the petitioner till today. The last date fixed for
taking decision on appeal is already lapsed. It is admitted between the
parties that after approval is granted by PCI, an institute is required to
seek affiliation by the Board of Technical Education whereafter only
the institute can participate in the counselling process.
9. It is also admitted that last date fixed for grant of affiliation was
also 14.12.2024, which has also in the meantime expired.
10. 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."
11. 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
12. 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.
13. 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.
14. 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.
15. Consequential action may be taken by PCI, in accordance with
law.
16. 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.
17. With the aforesaid directions, petition stands disposed of.
Order Date :- 28.12.2024
Gurpreet Singh/VKS
Digitally signed by :-
VIVEK KUMAR SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench