Delhi High Court
Institute Of Professional Studies ... vs Pharmacy Council Of India on 11 July, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.07.2024
+ W.P.(C) 9379/2024
INSTITUTE OF PROFESSIONAL STUDIES SCHOOL OF
PHARMACY .....Petitioner
Through: Mr. R.K. Ruhil, Advocate.
versus
PHARMACY COUNCIL OF INDIA .....Respondent
Through: Mr. Ajay Kumar Singh & Mr.
Yatharth Singh, Advocates.
+ W.P.(C) 9380/2024
PHONICS GROUP OF INSTITUTIONS .....Petitioner
Through: Mr. R.K. Ruhil, Advocate.
versus
PHARMACY COUNCIL OF INDIA .....Respondent
Through: Mr. Ajay Kumar Singh & Mr.
Yatharth Singh, Advocates.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J. (ORAL)
CM APPL. 38524/2024 & CM APPL. 38525/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 9379/2024 & W.P.(C) 9380/2024
3. The present writ petitions, under Article 226 of the Constitution of
India, have been filed on behalf of the petitioners, seeking identical prayers,
which are as follows:
"a. issue a writ of certiorari for quashing and setting
aside the clauses 10(ii), (iii) (iv) & 11 (v) of the notice
dated 14.12.2023 issued by the respondent Pharmacy
Council of India;
b. issue a writ of certiorari for quashing and setting
aside the relevant clauses of the "Approval Process
Handbook 2024- 2025", in terms of which existing
approved institutions are required to apply for, and
obtain, continuation of approval;
c. issue an appropriate writ passing an order and
directing the respondent to refund the Pharmacy
Education Regulatory Charges (PERC) deposited by
the petitioner pursuant to the notice dated
14.12.2023;"
4. Issue notice. Mr. Ajay Kumar Singh, learned counsel accepts notice
on behalf of the respondent.
5. At the outset, learned counsel appearing on behalf of the respondent
states that an identical issue in question, has been decided by the learned
Predecessor Bench of this Court, and he has drawn the attention of this
Court to judgment dated 01.07.2024, passed in W.P. (C) 617/2024 and
connected matters, titled as "SLS College of Pharmacy Vs. Pharmacy
Council of India".
6. Learned counsel for the respondent further submits that the prayers
which were adjudicated in the above-said judgment were identical to the
prayers which have been sought in the present writ petitions.
7. Learned counsel for the petitioners also submits that petitioners have
no objection, if the same order is passed as passed, in W.P. (C) 617/2024, in
these petitions also.
8. This Court has heard submissions made on behalf of the petitioners
and respondent.
9. In judgment dated 01.07.2024, passed in the case of SLS College of
Pharmacy (supra), the learned Predecessor Bench has held as under:
"110. In view of the aforesaid discussion, paras 10(ii),
(iii) and (iv) of the impugned communication dated
14 December 2023, as well as the provisions to that
effect as contained in the Approval Handbook, are
quashed and set aside.
111. It is hereby declared that the approval granted to
the course of study conducted by an institution under
Section 12(1) is to the entire course of study and not
to any one year thereof.
112. Such approval, once granted, is to apply, subject
it is being liable to be withdrawn in accordance with
Section 13. The PCI has no power or authority to call
on any institution to obtain continuation of the
approval granted under Section 12(1) every year, nor
can the PCI require the Institution to pay PERC on an
yearly basis to obtain continuation of the approval
granted to the courses under Section 12(1).
113. The only exception is in the case of the M.
Pharm course, for which the approval would have to
be renewed after 5 years, as required by the M. Pharm
Regulations.
114. The writ petition accordingly succeeds and is
allowed.
115. There shall be no orders as to costs.
116. Any amount deposited by the petitioners with the
respondent as per the orders passed by this Court,
subject to the outcome of the writ petition, shall be
returned by the respondent to the petitioners within
four weeks."
10. Since both the parties have stated in unison that same order, as
extracted above, be also passed in the present writ petitions, the present
petitions are therefore disposed of in terms of decision passed in the case of
SLS College of Pharmacy (supra), as far as it is applicable to the facts of
the present writ petitions.
11. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
JULY 11, 2024/at
