Hrishikesh College Of ... vs Pharmacy Council Of India
2022 Latest Caselaw 4489 Chatt

                                      1



                                                                         NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                           WPC No. 3113 of 2022

   1. Hrishikesh College Of Pharmaceutical And Research Institute Jagdalpur
      Run By Hrisikesh Educational Institute Of Technology Society (C.G.), A
      Society Registered Under Chhattisgarh Societies Registration Adhiniyam
      1973 Through Its Authorised Representative Shri Deepak Kumar S/o Shri
      Dukhu Ram, Aged About 34 Years R/o House No. 297, Barna, Dhamtari,
      Chhattisgarh 493663

   2. Shri Deepak Kumar S/o Shri Dukhu Ram Aged About 34 Years R/o House
      No. 297, Barna, Dhamtari, Chhattisgarh 493663

                                                                ---- Petitioners

                                    Versus

   1. Pharmacy Council Of India Through Its Chairman/secretary, Having Its
      Registered Office At Nbbc Centre, Rd Floor, Plot No. 2, Community Centre,
      Maa Ananadamai Marg, Okhla Phase-1, New Delhi 110020

   2. Chhattisgarh Swami Vivekanand Technical University Newai Po Newai
      District Durg, Chhattisgarh 491107

   3. State of Chhattisgarh Through Its Secretary, Department Of Skill
      Development, Technical Education And Employment, Having Its Registered
      Office At Mahanadi Bhavan, Naya Raipur, Atal Nagar, District Raipur
      Chhattisgarh

                                                              ---- Respondents

For Petitioners : Mr. Shivang Dubey, Advocate For Respondent No. 1 : Mr. Ramakant Mishra, ASG. For State/Respondents : Mr. Chandresh Shrivastava, Addl. A.G.

Hon'ble Shri Justice P.Sam Koshy

Order On Board

14.07.2022

1. Counsel for the petitioner makes an oral prayer for amending to the writ petition so far as seeking quashment of Annexure-P/3 and Annexure-P/4 dated 17.07.2019 and 09.09.2019 respectively.

2. Counsel for the petitioner submits that in a bunch of writ petitions, this Court has already quashed the order, so also it has been quashed by

the other High Court.

3. The oral prayer is not opposed by the learned ASG.

4. Accordingly, the oral request stands allowed and let necessary amendment be carried out during the course of the day.

5. 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.

6. 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.

7. 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.

8. In view of the same the instant two writ petitions also stands allowed in terms of the judgments 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.

Certified Copy today.

Sd/-

(P. Sam Koshy) Judge vaishali