Bombay High Court

OMKAR BAHUUDDESHIYA VIKAS SANSTHA THROUGH ITS PRESIDENT RAVINDRA ONKAR NIKAMversusTHE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NEW DELHI AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Pharmacy Council of India holds supremacy over AICTE with respect to pharmacy colleges, rendering the writ petitions infructuous.

Summary

Four writ petitions (Nos. 6687, 6689, 6690, 6691 of 2016) were filed by pharmacy colleges challenging the admission process and the jurisdictional hierarchy between the Pharmacy Council of India and the All India Council for Technical Education (AICTE). The petitioners contended that AICTE's directives were applicable to their institutions, while the respondents argued that the Pharmacy Council had exclusive authority over pharmacy education. During the hearing, the counsel for the petitioners informed the Court that the dispute had already been resolved, with the Pharmacy Council asserting supremacy over AICTE and having regularized admissions for the 2016‑2017 academic year. The Court accepted this submission, finding no remaining controversy to adjudicate. Consequently, the Court held the petitions to be infructuous and disposed of them accordingly.

Issues considered

Whether the Pharmacy Council of India has jurisdictional supremacy over AICTE concerning pharmacy colleges and courses
Whether the admissions for the 2016‑2017 academic year were lawfully regularized by the Pharmacy Council

Subjects

Pharmacy Council of India
AICTE
jurisdiction
admission regularisation
writ petition
infructuous

Judgment

2026:BHC-AUG:1399-DB


                                             1             30-wp 6687-2016+.odt



                        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

                                                                                  1 of 3
                               2              30-wp 6687-2016+.odt


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


                                                                     2 of 3
                               3             30-wp 6687-2016+.odt


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.




                                                                    3 of 3

Continue reading with your account

Checking your session…