Kerala High Court
The Pharmacy Council Of India vs The Principal on 27 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
WA NO. 1696 OF 2021
[AGAINST THE JUDGMENT DTD.17.9.2021 IN WP(C) 14617/2021
OF HIGH COURT OF KERALA]
APPELLANT:
THE PHARMACY COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY, COMBINED COUNCIL
BUILDING, TEMPLE LANE, KOTLA, NEW DELHI -
110002.
BY ADV MANU S., ASG OF INDIA
RESPONDENTS:
1 THE PRINCIPAL,
DM VIMS COLLEGE OF PHARMACY, NASEERA NAGAR,
MEPPADI P.O, WYNAD DISTRICT - 673577.
2 THE DIRECTOR OF MEDICAL EDUCATION,
MEDICAL COLLEGE P.O, TRIVANDRUM - 695011.
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
BY ADVS.
TONY GEORGE KANNANTHANAM
THOMAS GEORGE(K/000407/1990)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.NO.1696 OF 2021
..2..
JUDGMENT
Muhamed Mustaque, J.
The writ petition was filed challenging the regulations of
Pharmacy Council of India insisting production of No Objection
Certificate from the examining authorities for grant of approval of
D.Pharm Course in the writ petitioner's college. The learned single
Judge, after examining the matter, declared that Pharmacy Council of
India is not competent to insist on the production of consent of
affiliation of the Examining Authority for the grant of approval of
D.Pharm course to the petitioner's college and also set aside the
relevant clause in the regulation. Aggrieved by the judgment of the
learned single Judge, the Pharmacy Council of India has come up
before this Court with this appeal.
2. Based on the recommendation of the examining
authority, the Government issued No Objection Certificate. The No
Objection Certificate reads thus:-
'The Principal, DM WIMS College of Pharmacy,
Meppadi.P.O., Wayanad in the Representation read as 2 nd paper
above, requested Government to grant a No Objection Certificate
to start D.Pharm Course. The Director of Medical Education in
the letter read as 4th paper above reported that the institution
meets the requirements specified by the Pharmacy Council of
India for starting the D.Pharm Course with an intake of 60
students.
W.A.NO.1696 OF 2021
..3..
2. The Government have examined the matter in detail
and are pleased to grant the No Objection Certificate to DM
WIMS College of Pharmacy, Meppadi.P.O., Wayanad to start the
D.Pharm Course with an intake of 60 students on the following
conditions:
(a) shall remit Rs.50,000/- each (Rupees Fifty thousand
only) as Application fee and Processing fee respectively under
the head of account0210-03-101-97-01 Application fee 0210-03-
101-97-02 Processing fee.
(b) shall provide all facilities viz., Laboratories,
classrooms, faculties etc. as per Pharmacy Council of India
Educations Regulations 1991 prior to the commencement of the
course,
(c) shall set up separate office rooms for the establishment
and academic work,
(d) shall produce a letter of approval from the Pharmacy
Council of India for conducting the course from academic year
2022-23,
(e) shall agree to admit students on a 50% merit and 50%
management basis and that the merit seat students shall be
admitted from the State merit list prepared by the Director of
Medical Education/Director, LBS Centre for Science and
Technology and 50% seats by management at the rate of the fee
fixed by the Government from time to time and subject to the
conditions in the prospectus for each year.
(f) shall execute an agreement and submit an affidavit with
Government in the Health & Family Welfare (K) Department in
respect of (e) above,
(g) shall produce a Bank Guarantee worth Rs.5 Lakh with
two-year validity, and
(h) On completion of (a) to (g) the institution shall report to
Government and obtain a Letter of Permission before the
commencement of the course."
3. NOC shall be withdrawn if the Institution violates any of
the conditions listed above."
3. In the light of the compliance of the Regulation, the
question involved and answered by the learned Single Judge has
become academic. In that sense, we set aside the impugned
judgment, leaving open any further question on this point arising in
future.
W.A.NO.1696 OF 2021
..4..
In the light of the No Objection Certificate, Pharmacy
Council of India will process the application in accordance with law,
without any delay and pass appropriate orders, as expeditiously as
possible.
Sd/-
A. MUHAMED MUSTAQUE,
JUDGE
sd/-
SHOBA ANNAMMA EAPEN
MBS/ JUDGE
