SRI SAI RR INSTITUTE OF PHARMACYversusDR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

                         [2021] 6 S.C.R. 535                               535


             SRI SAI RR INSTITUTE OF PHARMACY                              A
                                   v.
             DR. A.P.J. ABDUL KALAM TECHNICAL
                 UNIVERSITY AND ANOTHER
                  (Writ Petition (C) No.446 of 2021)                       B
                            JULY 06, 2021
   [R.F. NARIMAN, K.M. JOSEPH AND B. R. GAVAI, JJ.]
       Education/Educational Institutions: Pharmacy college – Writ
petitions seeking directions to respondent no.1-University to comply
                                                                           C
with Notification dated 19.03.2021 issued by the State Government
and grant conditional affiliation to the petitioner-colleges for
academic year 2020-2021; direction to University to organize special
examinations for B.Pharma students for academic year 2020-2021
and to permit students of the petitioner-colleges to participate in
the special examinations – Held: The facts of both the writ petitions      D
are almost similar to facts in WP(Civil) no.390 of 2021 which was
decided by this court on 15.04.2021 in favour of the petitioner-
college – Therefore, present petitioners are also entitled to same
relief as was granted in WP (Civil) no.390 of 2021 – The University
is directed to grant affiliation to petitioner-colleges for the academic
                                                                           E
year 2020-2021 to participate in the special examinations to be
organized by the University for the academic year 2020-2021 in
view of Notification dated 19.03.2021 – Writ petitions allowed.
      VIIT Pharmacy College and another v. Dr. A.P.J. Abdul
      Kalam Technical University and another 2021 SCC
                                                                           F
      Online SC 332 – relied on
                        Case Law Reference
      2021 SCC Online SC 332            relied on        Para 2
      CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 446
of 2021                                                                    G

      (Under Article 32 of the Constitution of India)
      With
      Writ Petition (Civil) No.448 of 2021
                                                                           H
                                  535
536               SUPREME COURT REPORTS                          [2021] 6 S.C.R.


A           Siddhartha Dave, Sr. Adv., Ajit Sharma, Anant Ram Mishra,
      Rishabh Sharma, Abhishek Rana, Sushil Sharma, Ms. Anamika Agrawal,
      Ajay K. Agrawal, Advs. for petitioner.
          Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Mritunjay
      Kumar Sinha, Advs. for respondents
B              The Order of the Court was passed by
               B. R. GAVAI, J.
             1. Both these writ petitions filed by the petitioner – colleges seek
      various directions, including the direction to respondent No. 1 - Dr. A.P.J.
C     Abdul Kalam Technical University (hereinafter referred to as “the
      University”), i.e, to comply with Notification dated 19.3.2021 issued by
      the State Government and grant conditional affiliation to the petitioner –
      colleges for Academic Year 2020-2021; direction directing the University
      to organize special examinations for B. Pharma students for Academic
      Year 2020-2021 in view of the aforesaid Notification dated 19.3.2021;
D     and direction to the University to permit students of the petitioner –
      colleges to participate in the special examinations.
             2. It is the contention of the petitioner – colleges that the facts in
      the present writ petitions are identical with the facts in Writ Petition
      (Civil) No. 390 of 2021 (VIIT Pharmacy College and another vs. Dr.
E     A.P.J. Abdul Kalam Technical University and another) 1, which was
      allowed by this Court vide order dated 15.4.2021.
             3. Insofar as Writ Petition (Civil) No. 390 of 2021 is concerned,
      the University has not seriously disputed that the facts in the present
      writ petitions are similar to that in Writ Petition (Civil) No. 390 of 2021.
F     However, it is the contention of the University, taken for the first time in
      Writ Petition (Civil) No. 448 of 2021 (Shri Badrinath College of Pharmacy
      vs. Dr. A.P.J. Abdul Kalam Technical University & Anr.), that the
      petitioner - Shri Badrinath College of Pharmacy did not participate in the
      counselling process and as such, is not entitled to any relief. Another
      ground that has been taken is, that there is a similar writ petition pending
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      before the High Court filed by the petitioner - Shri Badrinath College of
      Pharmacy with regard to the same relief.
            4. We find, that the facts in both the present writ petitions are
      almost similar to facts in Writ Petition (Civil) No. 390 of 2021 decided by
H     1
          2021 SCC Online SC 322
   SRI SAI RR INSTITUTE OF PHARMACY v. DR. A.P.J. ABDUL                        537
        KALAM TECHNICAL UNIVERSITY [B. R. GAVAI, J.]

this Court on 15.4.2021. In both cases, grant of affiliation was denied by     A
the University on the sole ground, that the timeline as prescribed by All
India Council for Technical Education (AICTE) had lapsed.
       5. It is also not in dispute, that vide Notification dated 19.3.2021,
the State Government after considering the recommendations made by
the Affiliation Committee has granted conditional affiliation to the           B
petitioner - colleges for admission in B. Pharma course in compliance
with the order of the High Court passed in Writ Petition No.12536 of
2020.
       6. The writ petitions have been filed by the petitioner – colleges
since the University has refused to grant affiliation to the petitioner –      C
colleges and to permit their students to appear for First Year B. Pharma
examination.
      7. This Court while allowing Writ Petition (Civil) No. 390 of 2021
has observed thus:
      “9. This Court, in the case of, Dr. S.K. Toshiwal Educational            D
      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                E
          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           F
          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.”
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      10. Indisputably, in the present case, the PCI has granted approval
      to both the petitioners vide order dated 10th April 2020, with intake
      capacity of 100 and 60 admissions/students respectively. Not only
      that, the petitions filed by the petitioners challenging the policy
      decision of the State Government dated 15th May 2020, have been
      allowed by the High Court vide judgment and order dated 9th              H
538               SUPREME COURT REPORTS                           [2021] 6 S.C.R.


A              November 2020. Indisputably, the State Government also vide
               notification dated 19th March 2021, has granted conditional
               affiliation after considering the recommendations made by the
               Affiliation Committee. In the peculiar facts and circumstances of
               the case and particularly, taking into consideration, that the
               averments made on affidavit by the petitioners, are not
B
               controverted by the respondent No.1-University, we find that the
               petition deserves to be allowed.”
            8. As in the aforesaid case decided by order dated 15.4.2021, in
      the present case also the approval has been granted by the Pharmacy
      Council of India (PCI) on 10.4.2021 to both the petitioner – colleges
C     with an intake capacity of 60 students each. The present petitioners
      have also filed the petitions challenging the policy decision of the State
      Government dated 15.5.2020 before the High Court and the same have
      been allowed by the High Court by judgments and orders dated 2.11.2020
      and 10.11.2020. In the present case also, the State Government vide
D     Notification dated 19.3.2021 has granted conditional affiliation after
      considering the recommendations made by the Affiliation Committee.
             9. In the peculiar facts and circumstances of the case, particularly
      finding that the facts in both the present cases are almost similar with
      the facts in Writ Petition (Civil) No. 390 of 2021, we are of the view that
E     the present petitioners are also entitled to the same relief as is granted
      by this Court in Writ Petition (Civil) No. 390 of 2021.
               10. We are therefore inclined to allow the petitions in the following
      terms:
             The University is therefore directed to grant affiliation to the
F     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 University for the Academic Year
      2020-21 in view of the Notification dated 19th March 2021.
               11. The writ petitions are allowed in the above terms.
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      Devika Gujral                                             Writ Petitions allowed.




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