G.R.D.College Of Pharmacy vs The Registrar
2025 Latest Caselaw 2842 Mad

Citation : 2025 Latest Caselaw 2842 Mad
Judgement Date : 14 February, 2025

Madras High Court

G.R.D.College Of Pharmacy vs The Registrar on 14 February, 2025

                                                                      W.P.No.1081 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 14.02.2025

                                                         CORAM

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                                W.P.No.1081 of 2025



                     G.R.D.College of Pharmacy,
                     Represented by its Secretary,
                     G.Rajesh,
                     Thiruvallur-Tiruthani NH Road,
                     Pudur Village, Thiruvallur Taluk and District,
                     Thiruvallur-631 210.
                                                                         ...Petitioner

                                                          Vs.

                     1. The Registrar,

                         The Tamil Nadu Dr.MGR Medical University,

                         69, Anna Salai, Guindy, Chennai-600 032.

                     2. The Government of Tamil Nadu,

                         Represented by its Secretary,

                         Health and Family Welfare Department,

                        Fort St. George, Chennai 600 009.

                     3. The Pharmacy Council of India,

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                                                                               W.P.No.1081 of 2025

                         Represented by the Secretary cum Registrar,

                         NBCC Center, 3rd Floor, Plot No.2,

                         Community Center, Maa Anandmani Marg

                         Okhla Phase I, New Delhi-110 020

                                                                              ... Respondents

                     Prayer: Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus praying to direct the 1st respondent
                     to process the application of the petitioner dated 17.08.2024 for starting
                     the Pharm.D., and Phar.D.,(PB) with 30 seats and 10 respectively without
                     insisting for the production of the NOC or Essentiality Certificate of the
                     2nd respondent, in line with the ratio of the order of the Hon'ble Division
                     Bench of this Court in the case of Annai J.K.K. Sampoorani Ammal
                     Charitable Trust Case in W.A.No.3534 of 2019 dated 16.06.2020 and
                     pass orders within such time as may be fixed by this Court for starting
                     the Courses from the Academic Year 2025-2026.




                                  For Petitioner              : Mr.R.Kannan
                                  For Respondents             : Mr.A.Mohamed Gouse for R1
                                                               Mr.E.Sundram for R2
                                                               Mr.M.T.Arunan for R3



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                                                                               W.P.No.1081 of 2025

                                                       ORDER

The writ petition has been filed for writ of mandamus directing the

1st respondent to process the application of the petitioner dated

17.08.2024 for starting the Pharm.D., and Pharm.D.,(PB) with 30 seats

and 10 seats respectively without insisting for the production of the NOC

or Essentiality Certificate of the 2nd respondent, in veiw of the judgment

of the Hon'ble Division Bench of this Court in the case of Annai J.K.K.

Sampoorani Ammal Charitable Trust Case in W.A.No.3534 of 2019

dated 16.06.2020.

2.The petitioner's College was started in the year 2020 and is

conducting B.Pharm Course with an intake of 60 students and later it was

increased to 100 students. While so, the petitioner's College after

fulfilling the norms and standards as prescribed by the respondents,

applied for the issuance of consent to affiliate for Pharm.D Course in two

separate streams before the 1st respondent as it was a pre-requisite for

consideration of the application for affiliation before the 2nd respondent.

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The 1st respondent refused to pass orders on the petitioner's application

on the premise that the College had to obtain the Essentiality Certificate

/ No objection Certificate from the State Government.

3.According to the petitioner, the No Objection

Certificate/Essentiality Certificate is 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

submitted that the production of No Objection / Essentiality Certificate

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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.

17. The State Government lacks power to insist upon obtaining of Essentiality Certificate for the purpose

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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

process the petitioner's application dated 17.08.2024, without insisting

for the production of the Essentiality/No Objection Certificate from the

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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