Bombay High Court
SEVA SHIKSHAN PRASARAK MANDALS DR N J PAULBHUDHE COLLEGE OF PHARMACY THROUGH ITS PRESIDENT VINAYversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Pharmacy Council of India has supremacy over AICTE with respect to pharmacy colleges, rendering the writ petitions infructuous.
Summary
Four writ petitions filed in 2016 challenged the jurisdiction of the All India Council for Technical Education (AICTE) over pharmacy colleges, seeking relief regarding admissions. The petitioners argued that the Pharmacy Council should have exclusive authority over such matters. The Court observed that the issue had already been settled, with the Pharmacy Council exercising supremacy over AICTE concerning pharmacy colleges and having regularized admissions for the 2016‑2017 academic year. Consequently, the petitions were deemed infructuous. The Court therefore disposed of all writ petitions without further adjudication.
Issues considered
- Whether the All India Council for Technical Education has jurisdiction over pharmacy colleges and their admissions
- Whether the Pharmacy Council of India holds supremacy over AICTE in matters relating to pharmacy education
- Whether the writ petitions remain maintainable after the regularization of admissions by the Pharmacy Council
Subjects
- Pharmacy Council of India
- AICTE
- jurisdiction
- admissions regularization
- writ petition
- infructuous
- supremacy
Judgment
2026:BHC-AUG:1398-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 6687 OF 2016
Trimurti Shikshan Prasarak Mandal’s
Trimurti Institute Of Pharmacy
Through Its Authorized Person
Sunil Pandit Patil .. Petitioner
Versus
The All India Council For Technical
Education, New Delhi And Others .. Respondents
Mr. Ashwin V. Hon, Advocate for Petitioner.
Mr. S. P. Joshi, AGP for Respondent Nos. 3 & 4.
Mr. S. S. Jadhavar, Advocate for Respondent No. 5.
AND
WRIT PETITION NO. 6689 OF 2016
Shiva Trust’s
Rajeshbhaiyaa Tope College of Pharmacy
Through its President
Dr. Balasaheb Shivajirao Pawar .. Petitioner
Versus
The State of Maharashtra And Others .. Respondents
Mr. Ashwin V. Hon, Advocate for Petitioner.
Smt. Jayshri P. Reddy, AGP for Respondent Nos. 1 & 2.
Mr. Sumit Agrawal, Advocate for Respondent No. 4.
AND
WRIT PETITION NO. 6690 OF 2016
Seva Shikshan Prasarak Mandal’s
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Dr. N. J. Paulbudhe College of Pharmacy (Diploma),
Through its President
Shri Vinay Nath Paulbudhe .. Petitioner
Versus
The State of Maharashtra And Others .. Respondents
Mr. Ashwin V. Hon, Advocate for Petitioner.
Smt. Jayshri P. Reddy, AGP for Respondent Nos. 1 & 2.
AND
WRIT PETITION NO. 6691 OF 2016
Omkar Bahuuddeshiya Vikas Sanstha’s
Prof. Ravindra Nikam College of Pharmacy
Through its President
Ravindra Onkar Nikam .. Petitioner
Versus
The All India Council For Technical
Education, New Delhi And Others .. Respondents
Mr. Ashwin V. Hon, Advocate for Petitioner.
Smt. Jayshri P. Reddy, AGP for Respondent Nos. 3 & 4.
CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ.
DATE : 13th JANUARY, 2026.
PER COURT :-
1. The learned advocate for the petitioner informs that, now
the issue involved in these petitions is already settled. It is held
that, the pharmacy council has the supremacy over AICTE so far
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as pharmaceutical colleges and process are concerned. He
submits that, now the pharmacy council has already regularized
the admissions for the courses for the year 2016-2017. In view of
that, he submits that the petitions have become infructuous.
2. In view of the same, the writ petitions are disposed of as
infructuous.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. )
P.S.B.
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