Madras High Court
Dr.Apj Abdul Kalam Educational ... vs The Registrar on 17 March, 2025
W.P.(MD)No.7058 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.7058 of 2025
and
W.M.P.(MD)No.5325 of 2025
Dr.APJ Abdul Kalam Educational Charitable Trust,
5, Rasi Complex, Illuppur Post,
Pudukkottai - 622 102,
Established and Administering
Mother Terasa Collge of Pharmacy,
Mettu Salai, Illuppur,
Pudukkottai District – 622 102,
Rep. by its Chairman and Managing Trustee,
R.C.Uthayakumar. ... Petitioner
-vs-
1.The Registrar,
Tamil Nadu Dr.MGR Medical University,
69, Anna Salai, Guindy, Chennai - 600 032.
2.The Pharmacy Council of India,
Represented by the Secretary cum Registrar,
NBCC Centre, 3rd Floor, Plot No.2,
Community Centre, Maa Anandamai Marg,
Okhla Phase I, New Delhi – 110 020.
3.The Director of Medical Education,
Directorate of Medical Education Campus,
Kilpauk, Chennai - 600 010.
____________
Page 1 of 9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
W.P.(MD)No.7058 of 2025
4.The Secretary to Government,
Department of Health and Family Welfare,
Government of Tamil Nadu, Chennai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to the
impugned orders passed by the first respondent vide
Lr.No.Affln.I(1)/01334/2025, dated 03.02.2025, quash the same and direct the
first respondent to grant consent of affiliation to the petitioner college to start
additional courses namely, M.Pharm (Pharmaceutics) and Pharm.D., for the
academic year 2025-26 without insisting Essentiality Certificate from the
Government.
For Petitioner : Mr.D.Prabhu Mukunth Arun Kumar
For R2 : Mr.M.T.Arunan
Standing Counsel
For R3 and R4 : Mr.V.Om Prakash
Government Advocate
ORDER
This Writ Petition has been filed to quash the impugned order dated
03.02.2025 and consequently, direct the first respondent to grant consent of
affiliation to the petitioner College to start additional courses namely, M.Pharm
(Pharmaceutics) and Pharm D., for the academic year 2025 – 2026 without
insisting on Essentiality Certificate from the Government.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
2. The writ petitioner is running ''Dr.APJ Abdul Kalam Educational
Charitable Trust''. They have started the College with an annual intake of 60
students. They have applied with necessary documents for the consent of
affiliation to commence additional courses namely, M.Pharm (Pharmaceutics) and
Pharm, D., for the academic year 2025 – 2026. The first respondent took a stand
that the petitioner must obtain the Government Order and only after submission
of the same, the petitioner's request will be processed. Challenging the stand of
the first respondent University as reflected in the impugned communication dated
03.02.2025, the present writ petition came to be filed.
3. Heard Mr.D.Prabhu Mukunth Arun Kumar, learned counsel for the
petitioner, Mr.M.T.Arunan, learned counsel for the second respondent and
Mr.V.Om Prakash, learned Government Advocate for the respondents 3 and 4.
4. The learned counsel appearing for the petitioner reiterated all the
contentions set out in the affidavit filed in support of the writ petition and called
upon this Court to set aside the impugned order and grant the relief as prayed for.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
5. After carefully considering the contentions made on either side, it is clear
that the issue is no longer res integra. A learned Judge of this Court, vide order
dated 10.11.2020 in W.P.No.14834 of 2020 (PGP Educational and Welfare
Society vs. The Registrar, T.N.Dr.M.G.R Medical University), had held as
follows:-
''20. If the Pharmacy Council of India insists for Prior Approval or
No Objection Certificate from the State Government, the Scheme shows
that the same is insisted even while submitting the documents to the
Pharmacy Council of India which thereafter considers the application for
approval by taking note of the permission granted by the State
Government. There is no question of seeking for an approval/permission
from the State Government after the approval is already granted by the
Pharmacy Council of India. It will be like putting the cart before the
Horse and it does not fall within the Scheme framed by the Pharmacy
Council of India under the Regulations.
21.The Government Order that was brought to the notice of this
Court in G.O.Ms.No.148 dt.24.04.2018, cannot outweigh the Regulations
of the Pharmacy Council of India and it has to necessarily give way to
the Regulations which governs the field. Just because some other
Institutions have obtained the permission of the State Government after
getting approval for additional intake, the same cannot be insisted upon
in every case in the absence of any power or jurisdiction available to the
State Government and the University.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
22.In view of the above discussion, this Court is of the considered
view that the Scheme framed under the Regulations by the Pharmacy
Council of India does not contemplate any permission from the State
Government after approval is granted by the Pharmacy Council of India
for increase in intake either in the B.Pharm or M. Pharm Course in an
existing Institution and the University must necessarily act upon the
approval and grant provisional affiliation to the Institution. This is the
manner in which the Pharmacy Council of India has understood the
Scheme framed under the Regulations and it is uniformly applied in all
the States and therefore the Government of Tamil Nadu cannot give a
different interpretation and meaning than the one that is given by the
Pharmacy Council of India.''
6. The learned Judge was pleased to follow the decision of the Hon'ble
Division Bench rendered in Writ Appeal No.3534 of 2019 (Annai
J.K.K.Sampoorani Ammal Charitable Trust vs. The Registrar, Tamil Nadu
Dr.M.G.R.Medical University). Paragraph Nos.13 and 14 of the said order read
as follows:-
''13. The scope of Pharmacy Act as well as the All India Council
for Technical Education Act came up for consideration before the
Hon'ble Supreme Court of India in Pharmacy Council of India v.
Dr.S.K.Toshniwal Educational Trust Vidarbha Institute of Pharmacy and
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
Others [2020 SCC Online SC 296 =2020 (2) MLJ 656 (SC)]. In the said
decision, the issue involved as to the applicability of the Pharmacy Act,
1948 or All India Council for Technical Education Act, 1987 in relation
to the subject of Pharmacy including approval of courses of study,
minimum standards of education required for qualification as a
Pharmacist, registration as a Pharmacist, regulation of future
professional conduct etc. and it is relevant to extract para 77 of the said
judgment:-
''77.Applying the law laid down by this Court in the
aforesaid decisions, viz., Maharaja Pratap Singh Bahadur
V. Thakur Manmohan Dey [AIR 1966 SC 1931 : 1966 [3]
SCR 663], and as observed hereinabove, the Pharmacy Act
is a Special Act in the field of pharmacy and it is a
complete code in itself in the field of pharmacy, the
Pharmacy Act shall prevail over the AICTE Act, which, as
observe hereinabove, is a general statute dealing with
technical education/institutions. Therefore, the submission
on behalf of AICTE and / or concerned educational
institutions that the that the AICTE Act is a subsequent law
and in the definition of ''technical education'', it includes
the ''pharmacy'' and therefore, it can be said to be an
''implied repeal'', cannot be accepted. At this stage, it is
required to be noted that as such in the AICTE Act there is
no specific repeal of the Pharmacy Act, more particularly
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
when, as observed hereinabove, the Pharmacy Act is a
Special Act and the subsequent enactment of AICTE Act is
general and therefore, the Pharmacy Act being a Special
Act must prevail. Apart from that, with regard to several
aspects, there is no provision made in AICTE Act which are
exclusively within the domain of PCI. Thus, it cannot be
accepted that there is ''implied repeal'' of the Pharmacy
Act.''
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.''
7. I am informed that this order passed by the Hon'ble Division Bench was
tested before the Hon'ble Supreme Court of India. But then, S.L.P.No.16085 of
2020 was dismissed vide order dated 12.01.2021. Therefore, the first respondent
was clearly not justified in insisting on prior clearance from the Government in
order to process the petitioner's application for granting consent of affiliation to
the petitioner College to start additional courses namely, M.Pharm
(Pharmaceutics) and Pharm, D., for the academic year 2025 – 2026 without
insisting on Essentiality Certificate from the Government. Therefore, the
impugned communication of the first respondent, dated 03.02.2025, is set aside.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
The matter is remitted back to the file of the first respondent to proceed further in
the manner known to law. The said exercise shall be done as expeditiously as
possible.
8. Accordingly, this Writ Petition is allowed. There shall be no order as to
costs. Consequently, connected Miscellaneous Petition is closed.
NCC : Yes / No 17.03.2025
Index : Yes / No
smn2
To:-
1.The Registrar,
Tamil Nadu Dr.MGR Medical University,
69, Anna Salai, Guindy, Chennai - 600 032.
2.The Pharmacy Council of India,
Represented by the Secretary cum Registrar,
NBCC Centre, 3rd Floor, Plot No.2,
Community Centre, Maa Anandamai Marg,
Okhla Phase I, New Delhi – 110 020.
3.The Director of Medical Education,
Directorate of Medical Education Campus,
Kilpauk, Chennai - 600 010.
4.The Secretary to Government,
Department of Health and Family Welfare,
Government of Tamil Nadu, Chennai.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
VIVEK KUMAR SINGH, J.
smn2
17.03.2025
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 03:03:24 pm )
