Madras High Court
The Principal vs The Registrar on 14 February, 2025
W.P.No.4319 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.4319 of 2025
The Principal,
GRT Institute of Pharmaceutical Education and Research
GRT Mahalakshmi Nagar,
Chennai-Tirupathi Highway,
Tiruttani,
Thiruvallur District-631209.
...Petitioner
Vs.
1.The Registrar,
Tamil Nadu Dr MGR Medical University,
69, Anna Salai, Guindy,
Channai-600 032.
2. The Pharmacy Council of India,
Represented by the Secretary Cum Registrar,
1-300 3rd floor, Tower-I, World Trade Centre,
1/9
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W.P.No.4319 of 2025
Nauroji Nagar, New Delhi-110 029.
3.The Government of Tamil Nadu,
Represented by its Secretary,
Health and Family Welfare Department
Fort St. George, Chennai-600 009.
4. The Director,
Directorate of Medical Education,
Kilpauk, Chennai-600 010.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus praying to call for the
records of the first respondent in Lr.No.Affln.I(5)/43183/2023/dated
22.01.2025, quash the same and consequently direct the first respondent
to issue the Letter of Consent to Affiliate the M.Pharm (Pharmaceutics)
and M.Pharm (Pharmaceutical Analysis) without insisting for the NOC
or Essentiality Certificate from the State Government for starting the
Courses in the Academic Year 2025-2026.
For Petitioner : Mr.P.Srinivas
For Respondents : Mr.J.Selvaraja for R1
Mr.J.Arunan for R2
Mr.E.Sundaram
Government Advocate
for R3 & R4
2/9
https://www.mhc.tn.gov.in/judis
W.P.No.4319 of 2025
ORDER
The writ petition has been filed for writ of Certiorarified mandamus
seeking to call for records of the 1st respondent in
Lr.No.Affln.I(5)/43183/2023/dated 22.01.2025, quash the same and
consequently direct the first respondent to issue the Letter of Consent to
Affiliate the M.Pharm (Pharmaceutics) and M.Pharm (Pharmaceutical
Analysis) without insisting for the NOC or Essentiality Certificate from
the State Government for starting the Courses in the Academic Year
2025-2026.
2.The petitioner's College was established in the year 2019 and
is a running institute. The petitioner's College is conducting B.Pharm
Course with an intake of 100 students and D.Pharm with an intake of 60
students. The petitioner's college applied for issue of consent to affiliate
for M.Pharm Course in two separate streams namely M.Pharm
(Pharmacuetics) and M.Pharm (Pharmacuetical Analysis) to the 1st
respondent as it was a pre-requisite for consideration of the application
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for affiliation before the 2nd respondent. The 1st respondent refused to
pass orders on the petitioner's application on the premise that the College
had to obtain the Essentiality Certificate and No objection Certificate
from the State Government.
3.According to the petitioner, the No Objection
Certificate/Essentiality Certificate was not necessary, in view of the
judgment of this Court in W.A.No.3534 of 2019 dated 16.06.2020. The
petitioner therefore filed the above writ petition for the aforesaid relief.
4.The 1st respondent filed a detailed counter stating that the
said order passed in W.A.No. 3534 of 2019 dated 16.06.2020 was sub
judice before the Hon'ble Supreme Court. The 1st respondent submitted
that in its letter dated 31.08.2018, the Government instructed that the
permission should be obtained from the Government to start Allied
Health Science and Paramedical Courses, since all such Courses had
employment implications and it would be unadvisable to start the course
without the permission of the Government. The 1st respondent therefore
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submitted that the production of No Objection / Essentiality Certificate
from the Government was mandatory.
5.Learned counsel for the petitioner relying on the judgement
of the Hon'ble Division Bench of this Court in W.A.No.3534 of 2019
dated 16.06.2020 submitted that the insistence on Essentiality / No
Objection Certificate from the Government was redundant.
6.Heard learned counsel for the petitioner and learned counsel
for the respondent and perused the materials available on record.
7.The Hon'ble Division Bench in its judgment dated
16.06.2020 in W.A.No.3534 of 2019, held as follows:
'' 14.Thus, pharmacy Act, which is a Special
Act, being the occupied field of pharmacy, there cannot be
any insistence in the absence of any norms and
regulations as to the submission of Essentiality
Certificate.
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17. The State Government lacks power to insist
upon obtaining of Essentiality Certificate for the purpose
of production before the first respondent/University for
processing the Consent of Affiliation. Though heavy
reliance has been placed upon the letter of the Principal
Secretary to Government of Tamil Nadu, Department of
Health and Family Welfare dated 31.08.2018 in Letter
No.38630/PME2/2016-4, referred to supra, the said letter
has no application to the case on hand for the reason that
the said instructions came to be issued in the light of stand
alone courses conducted by the first
respondent/University, which do not have any affiliation
with any of the Statutory Councils, namely MCI/DCI/PCI.
Therefore, it is held that it is not obligatory on the part of
the appellant to obtain Essentiality Certificate from the
State Government and produce before the first respondent
/ University for processing the Consent of Affiliation.''
8.Under the facts and circumstances of the case and in the light
of the aforesaid judgment of the Hon'ble Division Bench of this Court. I
am of the view that the writ petition deserves to be allowed. Accordingly,
the impugned order is set aside with direction to the 1st respondent, to
issue the letter of consent to affiliate the M.Pharm (Pharmacuitics) and
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M.Pharm (Pharmaceutical Analysis) without insisting for the production
of the Essentiality/No Objection Certificate from the State Government
within a period of 12 weeks from the date of receipt of a copy of this
order.
The writ petition stands allowed. There shall be no order as to
costs.
14.02.2025
vsn
To
1.The Registrar,
Tamil Nadu Dr MGR Medical University,
69, Anna Salai, Guindy,
Channai-600 032.
2. The Secretary Cum Registrar,
The Pharmacy Council of India
1-300 3rd floor, Tower-I, World Trade Centre,
Nauroji Nagar, New Delhi-110 029.
https://www.mhc.tn.gov.in/judis
3.The Secretary,
Health and Family Welfare Department
Fort St. George, Chennai-600 009.
4. The Director,
Directorate of Medical Education,
Kilpauk, Chennai-600 010.
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N.MALA,J.
vsn
14.02.2025
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