D B M Institute Of Pharmacy vs Pharmacy Council Of India
2022 Latest Caselaw 4323 Chatt

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                                                                               NAFR

                 HIGH COURT OF CHHATTISGARH AT BILASPUR
                          WPC No. 2995 of 2022
   1. D B M Institute Of Pharmacy Run By Swami Kaleshwar Nath Public Trust,
      Through It's Chairman Ramesh Kumar Rathor S/o Late Dhan Sai Rathor, Aged
      About 56 Year's, Having It's Registered Office At Devraha, Pithampur, Champa,
      Civil And Revenue District Janjgir-Champa, Chhattisgarh
   2. Shri Jagannath College Of Pharmacy, Run By Swami Kaleshwar Nath Public
      Trust, Through Its Secretary Mamta Rathor W/o Ramesh Kumar Rathor, Aged
      About 50 Year's Having It's Registered Office At Link Road Janjgir, Civil And
      Revenue
                                                                    ---- Petitioners
                                      Versus
   1. Pharmacy Council Of India Through It's Chairman/secretary, Having It's
      Registered Office At Nbbc Centre, 3rd Floor, Plot No. 2, Community Centre,
      Maa Ananadamai Marg, Okhla, Phase-1, New Delhi-110020
   2. Chhattisgarh Swami Vivekanand Technical University, Newai, P.O. Newai, Civil
      And Revenue, District : Durg, Chhattisgarh
   3. State Of Chhattisgarh Through The Secretary, Department Of Skill
      Development, Technical Education And Employment, Mahanadi Bhawan, Atal
      Nagar, New Raipur, Chhattisgarh
   4. The Director Directorate Of Technical Education, Indrawati Bhawan, Raipur,
      Chhattisgarh
                                                                 ---- Respondents

For Petitioner : Mr. Paras Mani Shrivas, on behalf of Mr. Vishvanth Shrivas, 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 present writ petition is to 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

writ petition also since it is 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 writ petition also stands 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