Delhi High Court
Pharmacy Council Of India vs Shri Girraj Maharaj College Of ... on 24 February, 2023
Neutral Citation Number: 2023/DHC/001480
$~60.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: 24.02.2023
% LPA 141/2023
PHARMACY COUNCIL OF INDIA ..... Appellant
Through: Mr. Tushar Mehta, Solicitor General
for India with Ms. Manisha Agrawal
Narain, Mr. Rana Prashant,
Ms.Rakshita Goyal, Mr. Sandeep
Singh Soharia, Ms. Megha Soni and
Ms. Mona Dureja, Advocates.
versus
SHRI GIRRAJ MAHARAJ COLLEGE
OF PHARMACY ..... Respondent
Through: Mr. Sanjay Sharawat, Mr. Akash
Sahraya and Mr. Ashok Kumar,
Advocates.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
SATISH CHANDRA SHARMA, CJ. (ORAL)
CM APPL. 9255/2023
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
LPA 141/2023
3. The present Letters Patent Appeal (LPA) is arising out of a common
judgment passed in W.P.(C.) No.422/2023 titled Shri Girraj Maharaj
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
College of Pharmacy Vs. Pharmacy Council of India, and other connected
matters. The learned Single Judge has dealt with the facts of W.P.(C.)
No.150/2023 titled Raghunathpur College of Pharmacy Vs. Pharmacy
Council of India, and passed a common judgment. Therefore, as it is a
common judgment, the facts dealt with by the learned Single Judge are
being dealt with by this Court while deciding the present LPA.
4. The facts of the case reveal that the Pharmacy Council of India (PCI)
vide Resolutions dated 17.07.2019 and 09.09.2019 imposed a moratorium in
respect of opening of new pharmacy colleges throughout the country for a
period of five years beginning from academic session 2020-21 and five
categories of institutions were exempted from the said moratorium. The
Respondent in the present case, Raghunathpur College of Pharmacy as well
as other colleges preferred writ petitions before the Karnataka and
Chhattisgarh High Courts and judgment was delivered on 19.11.2020 and
22.04.2022 by the Karnataka and Chhattisgarh High Courts respectively and
the moratorium was quashed by the High Courts.
5. A Special Leave Petition (SLP) was preferred in the matter, i.e. SLP
(C.) No.4862/2022, and by an interim order dated 31.05.2022, the PCI was
directed to inspect and process the applications of the colleges who were the
writ petitioners before the High Court and, accordingly, the portal of the PCI
was opened from 03.07.2022 to 15.07.2022. The last date was further
extended till 07.09.2022 and the Raghunathpur College of Pharmacy as well
as other institutions submitted an application along with requisite fees on
09.08.2022 to PCI for grant of approval to run the academic course D.
Pharma for the academic year 2022-23. Raghunathpur College of Pharmacy
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
was inspected by a team of two inspectors on 05.12.2022 & 17.12.2022.
The Executive Committee of PCI in its 386th Meeting rejected the
application on the ground that the institution has failed to provide facilities
as per the statutory regulations. In all connected writ petitions, similar
decision was taken by the Executive Committee of the PCI on 05.12.2022
(384th Meeting), 09.12.2022 (385th Meeting) and 17.12.2022 (386th
Meeting).
6. The Colleges being aggrieved in the matter preferred number of writ
petitions before this Court and all the writ petitions have been disposed of by
the learned Single Judge. Before the learned Single Judge, it was contended
that by non-speaking orders, their claim has been rejected. The reports
prepared by the Inspectors were not furnished to the institutions; the
deficiencies, if any, were not pointed out to the institutions; nor was any
time granted to the institutions to cure the defect, if any.
7. The learned Single Judge has allowed the writ petitions and the
operative paragraphs (paragraphs 12 to 15) of the order passed by the
learned Single Judge read as under:
"12. Having heard the learned counsel appearing on behalf of
the parties, this court finds that the prayer of the petitioners
deserve consideration. A perusal of the decision taken in
respective meetings nowhere indicates as to which institution is
deficient of what requirement. The decision so taken by the PCI
is completely nonspeaking. It was incumbent upon the PCI to
have informed the institutions, with respect to the specific
deficiencies, if any. Had it been done with opportunity to
explain, those Institutions could have no grievances.
13. Having said so, this court finds it appropriate to dispose of
all writ petitions with the following directions:-
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
(i) Impugned decisions relating to petitioners are hereby
set- aside.
(ii) PCI is directed to point out deficiencies with respect
to each Institution to the concerned representative of the
petitioners, within a period of 21 days from today with
inspection report.
(iii) After receipt of the communication from PCI, each
institution would be entitled to rectify the deficiencies if
any, and to submit the explanation to the PCI within a
period of seven days.
(iv) Depending upon the submission/explanation made by
each institution, the PCI is directed to take a final
decision within a period of two weeks thereafter, with
respect to approval for the academic session 2023-2024.
(v) Any compliance/appeal filed by any of the petitioners
in pursuance to PCI circulars dated 14.12.2022 and
17.01.2023, stands withdrawn as all the petitioners have
been directed to take a fresh re-course in terms of the
directions given in this order.
Needless to state that nothing expressed in this
order be construed to be an expression on the merits of
the entitlement of the approval of the petitioner-
institutions or on the validity of circular dated
14.12.2022 and 17.01.2023.
14. It is directed that if in case, the PCI decides not to grant
the approval to any petitioner-institutions, the PCI should
specifically point out the deficiencies in its decision so that the
petitioners would be at liberty to take appropriate recourse in
accordance with law.
15. Accordingly, the petitions stand disposed of."
8. The learned Single Judge - while quashing the decision taken by the
Executive Committee of the PCI, has directed the PCI to point out the
deficiencies to all institutions within 21 days and the institutions have been
granted 7 days time to rectify the deficiencies, if any, and to submit
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
explanation to PCI within a period of 7 days. The learned Single Judge has
also directed the PCI to take a final decision thereafter within two weeks
with respect to approval for the academic session 2023-24.
9. This Court has carefully gone through the order passed by the learned
Single Judge and the fact remains that by non-speaking orders, the decision
was certainly taken against the writ petitioners without informing them
about the specific deficiencies pointed out in the inspection reports. The
facts also reveal that no opportunity of hearing was granted to the
petitioners, nor they were granted time to rectify the deficiencies, if any, and
in those circumstances, the learned Single Judge was certainly justified in
directing the PCI to inform the deficiencies and to take a final call in the
matter.
10. The learned Single Judge has dealt with D. Pharma Course in the case
of Raghunathpur College of Pharmacy and has also dealt with the scheme of
approval of the course framed in exercise of powers conferred under Section
12 of the Pharmacy Act of 1948. Clause (d) of Step 3 of Clause 5 of the said
scheme is reproduced as under:
"5. Procedure:
A. For New institutions
Step-1 - Registration on the PCI portal.
a) Type on web browser www.pci.nic.in
b) Click on DIGI-PHARMed as available on right corner.
c) New page will be open. Click on "Institute Registration"
corner.
d) A registration Form namely "user Management" will open.
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
e) For first time registration, the institute needs to pay
Rs.10,000/- as Pharmacy Education Regulatory Charges for
registration to proceed further,
Step-2 - Payment of course-wise establishment fee which
includes annual PERC.
a) New institutions can apply for following courses only -
i) D.Pharm
ii) B.Pharm
iii) M.Pharm (only Central Government/ State Governments
institutions)
b) Institution shall pay course-wise establishment fee which
includes annual PERC.
c) Establishment fee is non-refundable.
Step-3 - Submission of SIF and statutory documents.
a) Institution shall submit the SIF along with the statutory
documents as prescribed in the Schemes.
b) If SIF and statutory documents are complete, window shall
open for payment of course-wise security deposit.
c) On receipt of security deposit, surprise inspection will be
arranged u/s 16 of the Pharmacy Act, 1948 for verification of
the facilities.
d) A copy of the Inspection Report will be forwarded by the
Pharmacy Council of India to the applicant for rectification of
the deficiencies if any and submission of compliance report
with documentary evidence.
e) The Inspection Report will be placed in the Executive
Committee / Central Council of the Pharmacy Council of India
and the decision arrived at will be communicated to the
applicant.
f) The decision of the Central Council shall be final.
g) If SIF and statutory documents are in-complete If SIF and
statutory documents are in-complete, application will be
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
Neutral Citation Number: 2023/DHC/001480
rejected. The establishment fee will not be refunded being non-
refundable."
11. As per the statutory scheme, the inspection report has to be served to
the college in question by the PCI for rectification of deficiencies, if any,
and for submission of compliance report with documentary evidence. The
aforesaid stage is certainly missing in the present case as well as in all the
cases before the learned Single Judge.
12. In the considered opinion of this Court, the learned Single Judge
while observing that statutory provisions under the scheme were not
complied with, was justified in remanding the matter to the PCI to take a
decision afresh keeping in view the directions issued by the learned Single
Judge.
13. This Court does not find any reason to interfere with the order passed
by the learned Single Judge and the LPA is, accordingly, dismissed.
SATISH CHANDRA SHARMA, CJ
SUBRAMONIUM PRASAD, J.
FEBRUARY24, 2023
B.S. Rohella
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:01.03.2023
15:30:44
