Delhi High Court
Kd College Of Pharmacy vs Pharmacy Council Of India on 19 January, 2023
1 Neutral Citation Number 2023/DHC/000467
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 422/2023
Date of Decision: 19.01.2023
IN THE MATTER OF:
SHRI GIRRAJ MAHARAJ COLLEGE OF PHARMACY
Through Shri Girraj Maharaj Educational & Charitable Society
[Regd] Krishna Nagar, Goverdhan Chauraha
Mathura, Uttar Pradesh
Through its Member Sh. Ashutosh Shukla ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA
NBCC Centre, 3rd Floor,
Plot No.2, Community Centre,
Maa Anandamai Marg, Okhla Phase - I
New Delhi - 110020. Through its Member Secretary
..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 142/2023
ANKUR COLLEGE OF PHARMACY
Through Ch Jamadar Singh Mahavidalaya Samiti ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
Signature Not Verified
Signed By:PRATIMA
Signing Date:23.01.2023
12:14:55
2 Neutral Citation Number 2023/DHC/000467
+ W.P.(C) 149/2023
KD COLLEGE OF PHARMACY
Through Ch Jamadar Singh Mahila Degree College Samiti
..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 150/2023
RAGHUNATHPUR COLLEGE OF PHARMACY
Through Asalma Foundation [Regd] ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 151/2023
BALPAI COLLEGE OF PHARMACY
Through Asalma Foundation ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
Signature Not Verified
Signed By:PRATIMA
Signing Date:23.01.2023
12:14:55
3 Neutral Citation Number 2023/DHC/000467
+ W.P.(C) 152/2023
APJ ABDUL KALAM MEDICAL INSTITUTES
Through Dr AP J Abdul Kalam Educational Trust [Regd]
.....Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 186/2023
MAHADEV COLLEGE OF PHARMACY
Through Mahadev Educational & Welfare Trust [Regd]
..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 264/2023
ROHINI COLLEGE OF PHARMACY
Through Sai Gramothan Sewa Samiti [Regd] ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 17192/2022 & CM APPL. 54646/2022
MK RAI DEEP ADARSH PHARMACY COLLEGE
Signature Not Verified
Signed By:PRATIMA
Signing Date:23.01.2023
12:14:55
4 Neutral Citation Number 2023/DHC/000467
Through MK Rai Deep Adarsh Shikshan Evam ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 634/2023
SHRI HEERA LAL SMARAK COLLEGE OF PHARMACY
Through Rajpoot Sewa Trust [Regd] ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
+ W.P.(C) 671/2023
PRAKASH MAHAVIDHYALAY
Through Bhardwaj Shiksha Prasar Samiti [Regd] ..... Petitioner
Through: Mr.Sanjay Sharawat, Mr.Divyank
Rana and Mr.Ashok Kumar, Advocates.
versus
PHARMACY COUNCIL OF INDIA ..... Respondent
Through: Mr.Abhishek Singh, Mr.Amit Bhalla
and Ms.Aparna Singh, Advocates.
.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. This batch of writ petitions is taken up for hearing analogously as
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5 Neutral Citation Number 2023/DHC/000467
the issue involved is similar.
2. The facts are taken from W.P.(C) 150/2023 Raghunathpur College
Of Pharmacy v. Pharmacy Council Of India.
3. The petitioner - Raghunathpur College Of Pharmacy with an
object to impart education in pharmacy courses made an application with
requisite fees etc on 09.08.2022 to Pharmacy Counsel of India (PCI) for
the grant of approval to run diploma in Pharmacy (D.Pharm) course for
the academic session 2022-2023.
4. On 05.12.2022, an inspection of the petitioner-institution was
conducted by a team of two inspectors. On 17.12.2022, Executive
Committee (EC) of PCI considered the case of the petitioner in its 386 th
EC meeting and rejected the application of the petitioner on the ground
that the institution has failed to provide facilities as per statutory
regulations.
5. Needless to state that in all writ petitions, a similar decision has
been taken on three dates i.e. 05.12.2022 (384th meeting), 09.12.2022
(385th meeting), and on 17.12.2022 (386th meeting).
6. The grievance of the petitioner is that the impugned decisions are
completely non-speaking. The report prepared by the respective
inspectors with respect to each institution have never been furnished to
the petitioners-institutions. Without providing or pointing out the specific
deficiencies, a decision for rejection of the petitioner's application should
not have been taken.
7. Learned counsel appearing on behalf of the petitioners specifically
states that, had there been any opportunity of hearing to the petitioners,
they would have rectified the deficiencies. According to him, the dates
have been fixed by the Hon'ble Supreme Court for filing of the
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6 Neutral Citation Number 2023/DHC/000467
applications, for carrying out inspection and to take any decision with
respect to grant or non-grant of the approval. It is submitted that in the
instant case, immediately after the inspection was carried out, the
decision was taken and the respondent-PCI did not furnish any inspection
report to any of the petitioners. He further states that neither under the
Pharmacy Act,1948, nor under the applicable regulations, there is any
mechanism for filing of an appeal. According to him, the decision taken
by the PCI also runs contrary to the Division Bench decision of this court
in LPA 753/2022.
8. Learned counsel appearing on behalf of the PCI, on instructions
submits that the PCI itself has decided to afford opportunity of hearing in
the form of an appeal with respect to decision taken in 384th EC meeting
dated 05.12.2022. He states that the appeals/compliances were to be
accepted up to 21.12.2022, as per PCI circular dated 14.12.2022,
however he has instructions to state that if the petitioners-institutions,
whose cases thereof were rejected in the meeting held on 05.12.2022,
they can still be entertained by the said Committee. With respect to
decision dated 09.12.2022 (385th meeting) and 17.12.2022 (386th
meeting) he states that in terms of circular dated 17.01.2023, those
institutions who suffered the rejection in terms of those meetings, can
still file appeal/compliances before 27.01.2023. He emphasized that
appeal/compliances, if are preferred by the petitioners-institutions, their
cases would be considered by the PCI in accordance with law and
appropriate decision in that respect would be taken.
9. Learned counsel appearing on behalf of the petitioners however,
states that under the facts of the present cases, the institutions if at all are
entitled to conduct the courses, they can only do it from the academic
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7 Neutral Citation Number 2023/DHC/000467
year 2023-2024. According to him in all fairness, all institutions are
entitled for inspection report and sufficient time to rectify the
deficiencies to satisfy PCI.
10. One of the communication of the impugned decision dated
17.12.2022 (386th meeting) is reproduced as under:
Sir/Madam
With reference to the subject cited above. I am directed to convey
the decision of 386th Executive Committee held on 17.12.2022,
which decided as under:
S.No. Institution Examining 386/EC Decision
Name/ID/State/Course Authority (17.12.2022)
Raghunathpur College D.Pharm- D.Pharm
of The Secretary Reject
Pharmacy 0, Nh-60, West Bengal State It was noted that
Sagar, Council of institution has failed to
Birbhum. 731124 Technical Education provide facilities as
Kolkata Karigori Floor S per statutory
PCl-5782 N Banerjee Road Kolkata provisions of -
(West Bengal) Minimum
Email ID Qualification
:[email protected] for Teachers in
Pharmacy
Institutions
Regulations, 2014.
Education
Regulations, 1991 /
2020 for the Diploma
course in Pharmacy.
In view of above, it
was decided to reject
the application for
D.Pharm course.
This is for your information.
Yours faithfully
(PRATIMA TIWARI)
Assistant Secretary
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8 Neutral Citation Number 2023/DHC/000467
11. The PCI purportedly in exercise of its statutory powers under
Pharmacy Act,1948, has approved scheme for approval of D.Pharm
courses under Section 12 of the Pharmacy Act,1948. Clause (d) of Step 3
of Clause 5 of the said scheme provides for forwarding of inspection
report to a concerned applicant for rectification of deficiencies if any,
and submission of compliance report with documentary evidence.
Relevant extract of Clause 5 of the 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.
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.Phann
ii) B.Phann
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.
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9 Neutral Citation Number 2023/DHC/000467
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
rejected. The establishment fee will not be refunded being
non-refundable.
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 non-
speaking. 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:-
(i) Impugned decisions relating to petitioners are hereby set-
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10 Neutral Citation Number 2023/DHC/000467
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.
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11 Neutral Citation Number 2023/DHC/000467
15. Accordingly, the petitions stand disposed of.
PURUSHAINDRA KUMAR KAURAV, J
JANUARY 19, 2023/MJ
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Signing Date:23.01.2023
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