VIIT PHARMACY COLLEGE AND ANOTHERversusDR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

274                       [2021]
               SUPREME COURT     4 S.C.R. 275
                              REPORTS                     [2021] 4 S.C.R.


A              VIIT PHARMACY COLLEGE AND ANOTHER
                                      v.
       DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND
                                 ANOTHER
                     (Writ Petition (C) No.390 of 2021)
B
                                APRIL 15, 2021
      [R.F. NARIMAN, B.R. GAVAI AND HRISHIKESH ROY, JJ.]
             Education/Educational Institutions: Pharmacy college –
      Respondent no.1-University invited applications for grant of
C     affiliation for the year 2020-2021 –Petitioners were granted
      approval by the Pharmacy Council of India (PCI) for conducting
      first year B.Pharma course for the academic year 2020-2021 – In
      the meantime, State Government came up with policy dated
      15.05.2020 for restricting the number of colleges to only two per
D     district – The said policy was challenged in bunch of petitions –
      High Court had set aside the policy only insofar as petitioners who
      had approached High Court – Since respondent no.1-University
      refused to grant affiliation to the petitioners and refused to permit
      their students to appear before the first year B.Pharma examination,
      the petitioners approached this Court seeking direction to respondent
E     no.1-University to grant affiliation for B.Pharma course to the
      petitioner colleges for the academic year 2020-2021 with further
      direction to organize special examinations for B.Pharma students
      for academic year 2020-2021 in view of notification dated
      19.03.2021 – Held: Indisputably, in the instant case, the PCI had
F     granted approval to the petitioners by order dated 10.04.2020, 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 15.05.2020, were
      allowed by the High Court by judgment and order dated 9.11.2020
      – Indisputably, the State Government also by notification dated
G     19.03.2021, had granted conditional affiliation after considering
      the recommendations made by the Affiliation Committee – In the
      peculiar facts and circumstances of the case and particularly, since
      the averments made on affidavit by the petitioners, were not
      controverted by respondent No.1-University, petition is allowed –
      Respondent No.1-University is directed to grant affiliation to the
H
                                        275
 VIIT PHARMACY COLLEGE AND ANOTHER v. DR. A.P.J. ABDUL                       275
            KALAM TECHNIC AL UNIVERSITY

petitioner colleges for the academic year 2020-21 and also permit            A
the students of the petitioner colleges to participate in the special
examinations to be organized by respondent No.1-University for
the academic year 2020-21 in view of the notification dated
19.03.2021.
      Pharmacy Council of India v. Dr. S.K. Toshiwal                         B
      Educational Trusts Vidarbha Institute of Pharmacy and
      Others Etc. 2020 SCC OnLine SC 296 – relied on
                        Case Law Reference
2020 SCC OnLine SC 296            relied on                     Para 3
                                                                             C
      CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 390
of 2021.
      (Under Article 32 of The Constitution of India)
     Siddhartha Dave, Sr. Adv., Ajit Sharma, Anant Ram Mishra,
Abhishek Rana, Sushil Singh, Advs. for the Petitioners.                      D
    Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Mritunjay
Kumar Sinha, Advs. for the Respondents.
      The Order of the Court was passed by
      B. R. GAVAI, J.                                                        E
       The petitioners have approached this Court seeking a direction to
the respondent No.1-Dr. A.P.J. Abdul Kalam Technical University
(hereinafter referred to as the ‘University’) to grant affiliation for B.
Pharma course to the petitioner colleges for the academic year 2020-21
with further direction to respondent No.1-University to organize special     F
examinations for B. Pharma students for academic year 2020-21 in view
of the notification dated 19th March 2021.
      2. The facts in brief giving rise to the petition are as under:-
       On 28th January 2020, the respondent No.1-University invited
applications for grant of affiliation for the year 2020-21. In response      G
thereto, the petitioners submitted applications in the month of February
2020 seeking affiliation for B. Pharma course for the year 2020-21. It is
pertinent to note that the Pharmacy Council of India (hereinafter referred
to as the ‘PCI’) granted its approval to the petitioner No.1-VIIT
Pharmacy College vide order dated 10th April 2020 for conduct of first
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276             SUPREME COURT REPORTS                         [2021] 4 S.C.R.


A     year B. Pharma course for the academic year 2020-21 with intake
      capacity of 100 admissions/students. Insofar as the petitioner No.2-RV
      Institute of Pharmacy is concerned, a similar approval was also granted;
      however with the intake capacity of 60 admissions/students. The same
      was subject to submission of consent of affiliation of Examining Authority
      and NOC of the State Government.
B
             3. In the meantime, the respondent No.2-State of Uttar Pradesh
      came up with the policy dated 15th May 2020 for restricting the number
      of pharmacy colleges to only two per district. The said policy came to be
      challenged before the High Court of Allahabad in bunch of petitions
      being Misc. Single No. 12536 of 2020 filed by Zee College of Pharmacy
C     with companion matters. The Allahabad High Court vide judgment and
      order dated 2nd November 2020, relying on the judgment of this Court in
      the case of Pharmacy Council of India v. Dr. S.K. Toshiwal
      Educational Trusts Vidarbha Institute of Pharmacy and Others
      Etc.1set aside the policy dated 15th May 2020, only insofar as the
D     petitioners who had approached the High Court. The petitioner institutions
      therein were permitted to participate in the counselling being conducted
      for admission to Bachelors of Pharmacy course for the academic year
      2020-21.
             4. The petitioner No.1, relying on the order of the High Court
E     dated 2nd November 2020, also filed writ petition being Misc. Single No.
      19510 of 2020 before the Allahabad High Court. The said petition was
      also allowed and the policy dated 15th May 2020 was set aside with
      respect to the petitioner therein and the respondents were directed to
      take a decision on the application of the petitioner for affiliation in
      accordance with law. A similar petition being Misc. Single No. 19509 of
F     2020 came to be filed by petitioner No.2 which too was allowed on like
      terms. Likewise, one S.D. College of Sciences had also filed a writ
      petition being Misc. Single No. 19568 of 2020 which was similarly
      allowed. All the above three petitions were allowed by the High Court
      vide order dated 9th November 2020.
G           5. However, the respondent No.1-University vide impugned order
      dated 7th December 2020, rejected the application of S.D. College of
      Sciences for grant of affiliation. The present petitioners along with one
      another institution thereafter filed Writ Petition (C) No. 1468 of 2020

      1
H         2020 SCC OnLine SC 296
 VIIT PHARMACY COLLEGE AND ANOTHER v. DR. A.P.J. ABDUL                         277
       KALAM TECHNIC AL UNIVERSITY [B. R. GAVAI, J.]

before this Court in the month of December 2020. This Court vide order         A
dated 12th January 2021 stayed the operation of the order dated 7th
December 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.
       6. It is the contention of the petitioners, that in March 2021 though   B
the students of the petitioner colleges were invited to the examination
centre, they were not permitted to participate in the exam at the last
moment. It is also the contention of the petitioners, that in view of the
order dated 5th March 2021, passed by this Court in I.A. No.33272 of
2021 in Writ Petition (C) No. 1433 of 2020, students of one Zee College
of Pharmacy were permitted to participate in the examination.                  C

       7. In the meantime, vide order dated 19th March 2021, the State
Government, after considering the recommendations made by the
Affiliation Committee, has granted conditional affiliation for admission
in B. Pharma course, in compliance of the order of the High Court passed
in Writ Petition (C) No. 12536 of 2020.                                        D

       8. Since the respondent No.1-University refused to grant affiliation
to the petitioners and has refused to permit their students to appear for
the first year B. Pharma examination, the petitioners have approached
this Court.
                                                                               E
      9. 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           F
      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                G
      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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278              SUPREME COURT REPORTS                           [2021] 4 S.C.R.


A            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 November 2020. Indisputably,
B
      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
C     controverted by the respondent No.1-University, we find that the petition
      deserves to be allowed.
              11. 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
D     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.
             12. The petition is allowed in the aforesaid terms.

E     Devika Gujral                                                 Petition allowed.




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