Chattisgarh High Court
Shri Sai Pharmacy College, ... vs Pharmacy Council Of India on 6 July, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 131 of 2022
1. Shri Sai Pharmacy College, Deurijhal Nandini Durg, Through Its
Chairman Smt. Sarita Vishwakarma, Aged About 50 Years, R/o Ward No.
3c, Street 75 Sector -6, Bhilai, District Durg Chhattisgarh
2. G. P. Gupta Pharmacy College, Rahod Janjgir Champa, Through Its
Secretary, Santosh Kumar Gupta S/o Dr. Geeta Prasad Gupta, Aged
About 51 Years, R/o Ward No. 2, Main Road Nagar Panchayat Rahod,
Tahsil Pamgarh, District Janjgir Champa Chhattisgarh
3. Sonkar Pharmacy College, Raipur Road, Mungeli Through Its Secretary,
Shiv Aashish Sonkar, S/o Santulal Sonkar, Aged About 32 Years, R/o
Sonkar Plaza, Gandhi Ward Mungeli, District Mungeli Chhattisgarh
4. Chhattisgarh Pharmacy College, Dhanora, Durg, Through Its Secretary,
Nalin Kumar Lunia S/o D. C. Lunia, Aged About 49 Years, R/o Dhanora,
District Durg Chhattisgarh
---- Petitioner
Versus
1. Pharmacy Council Of India Through Its Registrar Cum Secretary, Nbcc
Centre, 3rd Floor Plot No. 02, Community Centre, Maa Anandamai Marg,
Okhla Phase-1, Lanmark (Near Hotel Crowne Plaza), New Delhi
2. Chhattisgarh Swami Vivekanand Technical University, Bhilai, District Durg
Chhattisgarh
3. State Of Chhattisgarh Through Secretary, Technicial Education
Department, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar,
District Raipur Chhattisgarh
---- Respondent
WPC No. 2900 of 2022
V.M. College Of Pharmacy Vishrampur Through Its President, Vijay Raj
Agrawal, S/o Rambilas Agrawal, Aged About 54 Years, R/o In Front Of Jai
Nagar Police Station, Vishrampur, District : Surajpur, Chhattisgarh
---- Petitioner
Versus
1. Pharmacy Council Of India Through Its Registrar Cum Secretary, Nbcc
Centre, 3rd Floor Plot No. 2, Community Centre, Maa Anandamai Marg,
Okhla Phase - 1, Lanmark (Near Hotel Crowne Plaza), New Delhi.
2. Chhattisgarh Swami Vivekanand Technical University Bhilai, District :
Durg, Chhattisgarh
3. State Of Chhattisgarh Through Secretary, Technical Education
Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar,
District : Raipur, Chhattisgarh
---- Respondent
For Petitioner : Mr. C. Jayant K. Rao, Advocate
For Respondent No.1 : Mr. Ramakant Mishra, Asstt.S.G. with
Ms. Supriya Upasane, Advocate
Fro State : Mr. Rahul Jha, Govt. Advocate
Mr. Aditya Bhardwaj, Panel Lawyer
Hon'ble Shri Justice P. Sam Koshy
Order on Board
06/07/2022
1. The challenge in these two writ petitions are the two resolutions passed
by the Pharmacy Council of India (PCI) dated 17.07.2019 and
09.09.2019. Vide the said two resolutions the PCI had imposed a
moratorium in establishing new colleges imparting courses of B. Pharma
and D. Pharma for a period of 5 years.
2. An identical issue already stands decided by this Court in WPC No.
3766/2021 decided on 22.04.2022. Vide the said judgment this Court had
while allowing the writ petition had quashed the two resolutions dated
17.07.2019 and 09.09.2019 passed by the PCI.
3. Given the fact that this Court had already decided an identical writ petition
on identical set of facts, in the opinion of this Court the instant two writ
petitions also since they are factually identical, can also be disposed of in
terms of the order passed by this Court in WPC No. 3766/2021, decided
on 22.04.2022.
4. In view of the same the instant two writ petitions also stand allowed in
terms of the judgment of this Court rendered in WPC No. 3766/2021 and
as a consequence the two resolutions dated 17.07.2019 and 09.09.2019
stands quashed and set-aside.
Sd/-
(P. Sam Koshy)
Judge
Ved
