Education/Educational Institutions: Pharmacy college – Respondent no.1-University invited applications for grant of 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 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 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 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 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 KALAM TECHNIC AL UNIVERSITY
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 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 Educational Trusts Vidarbha Institute of Pharmacy and Others Etc. 2020 SCC OnLine SC 296 – relied on
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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