We Care College Of Pharmacy vs Pharmacy Council Of India
2022 Latest Caselaw 4322 Chatt

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                                                                            NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR
                             WPC No. 2983 of 2022

  1. Kismat Pharmacy College Kanchannagar, Ramanujganj Through Its Chairman,
     Sheela Singh, W/o Shri Brihaspat Singh, Aged About 57 Years, R/o Village
     Kanchannagar, Post Aaragahi, District Balrampur Ramanujganj (C.G.)
                                                                  ---- 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 Crown 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
                                                             ---- Respondents

WPC No. 3009 of 2022

1. We Care College Of Pharmacy Through Its Secretary, Vinay Jaiswal, S/o Late Kashi Prasad, Aged About 45 Years, R/o Ambikapour, District Surguja 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.

---- Respondents

For Petitioner : Mr. C. Jayant K. Rao, Advocate For Respondent No.1 : Mr. Ramakant Mishra, Asstt.S.G. For State : Mr. P. Acharya, Panel Lawyer

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/07/2022

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

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 facts 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 Jyoti