Delhi High Court
Batan College Of Pharmacy vs Pharmacy Council Of India on 17 June, 2022
$~15-17, 19, 21, 23&24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17th June, 2022
15
+ W.P.(C) 9530/2022
SHREE BALAJI COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
+ W.P.(C) 9531/2022
BATAN COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
+ W.P.(C) 9532/2022
ROOP CHAND SAINI COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:50:37
+ W.P.(C) 9535/2022
NIRMAL SGR PHARMACY COLLEGE ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
+ W.P.(C) 9538/2022
RAMNARESH NANHKU COLLEGE
OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
+ W.P.(C) 9541/2022
NIGHTINGALE PHARMACY COLLEGE ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
+ W.P.(C) 9543/2022
THE ROYAL COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil
and Mr. Anil Kumar, Advocates
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:50:37
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr. Kirtiman Singh, Central
Government Standing Counsel with Ms. Kunjala
Bhardwaj and Mr. Waize Ali Noor, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J (ORAL)
CM APPL. 28464/2022 (Exemption) in W.P.(C) 9530/2022
CM APPL. 28465/2022 (Exemption) in W.P.(C) 9531/2022
CM APPL. 28467/2022 (Exemption) in W.P.(C) 9532/2022
CM APPL. 28472/2022 (Exemption) in W.P.(C) 9535/2022
CM APPL. 28477/2022 (Exemption) in W.P.(C) 9538/2022
CM APPL. 28481/2022 (Exemption) in W.P.(C) 9541/2022
CM APPL. 28486/2022 (Exemption) in W.P.(C) 9543/2022
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 9530/2022, W.P.(C) 9531/2022, W.P.(C) 9532/2022,
W.P.(C) 9535/2022, W.P.(C) 9538/2022, W.P.(C) 9541/2022 and
W.P.(C) 9543/2022
3. Present writ petitions involve similar questions of law and are being
decided by a common order. The writ petitions have been filed seeking
directions to the Respondent to permit and allow the Petitioners to submit
requisite applications for seeking approval for pharmacy courses for the
academic session 2022-2023, in view of the fact that the Notifications dated
17.07.2019 and 09.09.2019 have been quashed.
4. Issue notice.
5. Mr. Kirtiman Singh, learned Central Government Standing Counsel
accepts notice on behalf of the Respondent.
6. Learned counsel appearing on behalf of the Petitioners submits that
Notifications dated 17.07.2019 and 09.09.2019 issued by the Respondent/
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:50:37
Pharmacy Council of India, have been quashed by this Court vide judgment
dated 07.03.2022 in W.P.(C) 175/2021, however, despite the said judgment,
Respondent is not opening the portal for the Petitioners to apply. He also
relies on an order dated 31.05.2022, passed by a Co-ordinate Bench in a
batch of petitions directing the Respondent to open the portal for the
Petitioners therein to submit their applications.
7. Learned Central Government Standing Counsel seeks time to take
instructions but does not dispute the fact that the Notifications dated
17.07.2019 and 09.09.2019 stand quashed vide judgment dated 07.03.2022
and also does not dispute the fact that the order dated 31.05.2022 passed by
the Co-ordinate Bench is unchallenged.
8. In my considered view, cases of the Petitioners are squarely covered
by the decision dated 07.03.2022 passed in W.P.(C) 175/2021 titled as
Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India
and the present writ petitions deserve to be allowed.
9. Accordingly, it is directed that Respondent shall open the portal,
wherein the Petitioners would be entitled to submit their applications for the
concerned courses for the academic session 2022-2023. Needless to state
that the applications shall be processed in accordance with the laid down
procedure and shall be subject to any order passed in SLP (C) 4862/2022,
pending before the Supreme Court, which has been filed by the Respondent
assailing the decision in W.P.(C) 175/2021 dated 07.03.2022.
10. Writ petitions are disposed of in the above terms.
JYOTI SINGH, J
(VACATION JUDGE)
JUNE 17, 2022/rk
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:18.06.2022
17:50:37
