For recognition of degree & diplomas of pharmacy education, the Pharmacy Act 1948 shall prevail: SC

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 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.” (Para.9)

VIIT PHARMACY COLLEGE AND ANOTHER V. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER Civil Original Jurisdiction Writ Petition © No. 390 of 2021 15th April 2021

The three-Judge bench of the Hon’ble Supreme Court consisting of Justice R.F. Nariman, Justice B.R. Gavai, and Justice Hrishikesh Roy allowed the petition. It directed the respondent to grant affiliation to the petitioner colleges and organize special examination for B. Pharma students for the academic year 2020-21.

The present writ petition © No. 1468 of 2020 was filed before this court in December 2020 by the present petitioners along with one another institution against the order dated 7th December 2020 passed by respondent No.-1 University.

On order dated 10th April 2020, the Pharmacy Council of India (PCI) granted its approval to petitioner No.-1 VIIT Pharmacy College and No.-2 RV Institute of Pharmacy to conduct their first years B. Pharma course for the academic year 2021. Meanwhile, on 15th May 2020, respondent No.-2 State of Uttar Pradesh came up with the policy for restricting the number of pharmacy colleges to only two per district, which was later set aside by the Hon’ble Allahabad High Court on its impugned judgment and order dated 2nd November 2020.

However, respondent No.-1 University rejected the application of the petitioners that was submitted by the petitioners in February 2020 seeking affiliation for the B. Pharma course for the year 2020-21 in its impugned order dated 7th December 2020.

This Hon’ble Court on:

Order dated 12thJanuary 2021 stayed the operation of the order dated 7thDecember 2020 passed by respondent No.1-University and tagged the said petition along with Writ Petition (C) No. 1430 of 2020 filed by Rakshpal Bahadur Pharmacy Institute. (Para 5) On order dated 19th March 2021, the State Government has granted conditional affiliation for admission in B. Pharma course, in compliance with the High Court order passed in Writ Petition © No. 12536 of 2020. Later on, the parties contended that in March 2021, respondent No.-1 University invited the students of the petitioner colleges to the examination center. Still, they were not permitted to participate in the exam. This Hon’ble Supreme Court referring the case of Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy held that:

“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 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.” (Para.9)

The respondent No.1-University is therefore directed to grant affiliation to the petitioner colleges for the academic year 2020-21 and also permit the students of the petitioner colleges to participate in the special examinations to be organized by the respondent No.1- University for the academic year 2020-21 in view of the notification dated 19th March 2021. (Para 11)

Subsequently, the petition is allowed in the aforesaid terms.

View/Download Judgment: VIIT PHARMACY COLLEGE AND ANOTHER V. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

Swadheen Singh