Neutral Citation No. - 2024:AHC-LKO:86566
Court No. - 2
Case :- WRIT - C No. - 11481 of 2024
Petitioner :- Babu Durga Rai Pharmacy Collage Azamgarh Thru. Its Manager
Shaket Rai
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Technical
Education Lko. And 3 Others
Counsel for Petitioner :- Sunil Kumar Singh,Ankit Kumar Kaushal
Counsel for Respondent :- C.S.C.,D.K. Singh Chauhan,Ravi Singh
Hon'ble Rajan Roy,J.
This petition has been taken up during winter vacation
under the orders of Hon'ble the Chief Justice on account
of the urgency shown by the petitioner.
Heard Mr. Sunil Kumar Singh, learned counsel for the
petitioner, Mr. Rahul Shukla, learned Additional Chief
Standing Counsel for the opposite parties no. 1 and 2, Mr.
Ravi Singh, learned counsel for the opposite party no. 3
and Mr. D.K. Singh Chauhan, learned counsel for the
opposite party no. 4.
By means of this petition the petitioner which imparts
education in D-Pharma course has sought quashing of an
order dated 27.12.2024 (Annexure-1) which has been
passed by the opposite party no. 3 i.e. Pharmacy Council
of India. Consequential relief regarding the petitioner
being allowed to take admission in D-Pharma course
tentatively and also seeking a direction to the opposite
party no. 2 to include the petitioner's name in the third
round of counselling for D-Pharma course for the
academic session 2024-25 have been sought.
Annexure-1 is the impugned decision according to which
10.12.2024 was the last date for hearing of appeals
against denial of approval for D-Pharma course for the
academic session 2024-25. This cut off date has been
fixed by Hon'ble the Supreme Court of India vide order
dated 18.11.2024. Counsel for opposite party no. 4, Mr.
D.K. Singh Chauhan has placed before the Court the
order dated 18.11.2024 passed in Miscellaneous
Application No. 2296/2024 in C.A. No. 9048/2012
(arising out of final judgment and order dated 17.04.2014
in C.A. No. 9048/2012 passed by the Supreme Court of
India).
The impugned order says that as per Supreme Court
directives the applications received after 10.12.2024
cannot be processed for the academic year 2024-25
unless specific prior permission is granted by Hon'ble the
Supreme Court of India. The impugned order further says
that the order dated 13.12.2024 passed by the Hon'ble
the Supreme Court of India in Misc. Application No.
55173 of 2024 (Parshavanath Charitable Trust & Anr
vs. All India Council for Technical Education & Ors.)
was issued under specific circumstances and only after
the Court's direction qua the applicant institution. The
claim of petitioner-institution has accordingly been denied,
especially as, the order of Hon'ble the Supreme Court of
India dated 20.12.2024 applied exclusively to the
institutions that were parties to the case before the
Supreme Court of India at that time which the petitioner
was not. Accordingly, the application of the petitioner has
been considered and disposed of in terms of the order
dated 19.12.2024 passed by this Court in earlier writ
petition filed by the petitioner bearing Writ C No. 11186 of
2024.
Learned counsel for the opposite parties has informed
that the third round of counselling for the aforesaid course
for the academic year 2024-25 has been completed on
28.12.2024 and the fourth round is to take place today.
On being confronted with the aforesaid situation, counsel
for the petitioner reconciled to this fate.
I see no error in the impugned order. Considering the time
line prescribed by Hon'ble the Supreme Court of India,
there is no ground for interference under Article 226 of the
Constitution of India.
The writ petition is dismissed.
[Rajan Roy, J.]
Order Date :- 31.12.2024
Santosh/-
Digitally signed by :-
SANTOSH KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench