Allahabad High Court
Harsha Institute Of Pharmacy Thru ... vs State Of U.P.Thru ... on 4 January, 2021
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- MISC. SINGLE No. - 22159 of 2020
Petitioner :- Harsha Institute Of Pharmacy Thru Chairman Shahzad Ali Siddi
Respondent :- State Of U.P.Thru Prin.Secy.Technical Eduation Deptt. & Ors.
Counsel for Petitioner :- Meenakshi Singh Parihar,Brahmendra Pratap Singh,Shashank Singh
Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh
Hon'ble Rajnish Kumar,J.
Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri Shashank Singh, learned counsel for the petitioner, learned Standing Counsel for the opposite party nos. 1 and 2 and Sri Ravi Singh, learned counsel for the opposite party no.3.
Learned counsel for the petitioner submitted that the respondent no.2/University concerned has not taken any decision on the application of the petitioner dated 27.10.2020.
The facts as argued by learned counsel for the petitioner has already been incorporated in the order dated 01.12.2020 which is extracted below:
"Shri Ravi Singh, learned counsel for the respondent/Pharmacy Counsel of India on the basis of instructions submitted that B.Pharma Course was approved for 2020-21 Academic Session for conduct of first year examination by the petitioner-institution. Since a complaint was received on 21.08.2019 by the Health Ministry therefore an inspection was conducted by the PCI in January, 2020 in which certain deficiencies were reflected therefore the matter was reported to the Central Council of the PCI and the petitioner-institution was directed not to make admission for the year 2020-21 and seek full compliance of the deficiency pointed out in the report which was conveyed to the petitioner on 21.02.2020. The institution had submitted the reply on 11.04.2020 which was placed in the meeting of 27.04.2020 and decided to verify the compliance. Institution again forwarded the compliance on 01.06.2020. Thereafter the Principal alongwith the teaching staff of the petitioner-institution was called for personal hearing before the personal hearing committee. In pursuance thereof they appeared on 16.10.2020. Considering the finding of PHC the approval was granted in October- 2020 and thereafter the same was uploaded.
He further, on the basis of instructions, submitted that PCI followed the time schedule laid down by the Hon'ble Supreme Court vide judgment and order dated 13.12.2012 in Civil Appeal No.9048 of 2012; Parswhnath Charitable Trust and Others Vs. All India Counsel for Technical Education and Others. As such the last date for granting or receiving of approval is 10.04.2020. However, due to the Covid-19 situation the PCI had filed an M.A. for extension of the aforesaid time for completing pending cases and the Hon'ble Supreme Court vide its order dated 10.06.2020 in M.A. No.1031 of 2020 extended time till 24.06.2020 so the colleges which have sent its compliance on or before 24.06.2020 have been considered by the PCI for approval.
The order passed by the Hon'ble Supreme Court on 10.06.2020 (Supra) provided that the date for completion of pending cases and appeals processed by the Pharmacy Counsel of India is extended up to 24.06.2020, but the decision has been taken after the said date.
On the request of learned counsel for the petitioner put up on 03.12.2020."
He further submitted that in identical situation, the application was rejected by the University and the institution had approached to the Hon'ble Supreme Court in Writ Petition(Civil) No.1430 of 2020(Rakshpal Bahadur Pharmacy Institute versus Dr. A.P.J. Abdul Kalam Technical University) and the Hon'ble Supreme Court has been pleased to stay the operation of the order passed by the respondent-University by means of the order dated 18.12.2020.
On the basis of above, learned counsel for the petitioner made an innocuous prayer for a direction to the opposite party no.2 to consider and decide the application of the petitioner within some stipulated period.
To which there is no objection by the learned counsel for the opposite parties.
In view of above and without entering into the merits of the case, the writ petition is disposed of with direction to the opposite party no.2 to consider and take a decision on the application of the petitioner in accordance with law expeditiously say within a period of ten days from the date of production of certified copy of this order..
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.............................................(Rajnish Kumar,J.)
Order Date :- 4.1.2021
Akanksha
