Madras High Court
The Principal vs The State Of Tamil Nadu on 6 November, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.42620 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.42620 of 2025
and
W.M.P.Nos.47669 & 47670 of 2025
The Principal,
RVS Padmavathi Ammal College of Pharmacy,
Kumaran Kottam,
Trichy Road, Kannampalayam, Sulur,
Coimbatore – 641 402. ... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by its Secretary,
Department of Health and Family Welfare,
Government of Tamil Nadu, Chennai.
2.The Director of Medical Education,
Directorate of Medical Education Campus,
Kilpauk, Chennai – 600 010.
3.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.
4.The TN Dr.M.G.R.Medical University,
1/12
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Writ Petition No.42620 of 2025
represented by its Registrar,
69, Anna Salai, Guindy,
Chennai- 600 032. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, calling for the records relating to the
impugned proceedings issued by the fourth respondent Tamil Nadu
Dr.M.G.R.University vide proceedings in Lr.No.Affln.I(4)/55632/2016 dated
22.04.2025, quash the same and further, direct the fourth respondent to grant
Consent of Affiliation to start additional courses of 6 year Pharm.D course with 30
seats and 3 year Pharm.D (Post Baccalaurate) course with 10 seats in the petitioner
college from the academic year 2025-26 without insisting on Essentiality
Certificate from the first respondent State Government within a reasonable time as
may be fixed by this Court.
For Petitioner : Ms.Abisha Isaac
for Ms.H.Mary Sowmi Rexi
For Respondents : Mr.K.Tippu Sultan,
Government Advocate [R1 & R2]
Mr.A.Mohamed Gouse [R4]
*****
ORDER
This writ petition has been filed challenging the impugned order of the
fourth respondent dated 22.04.2025, rejecting the petitioner's request for issuance
of Letter of Consent of Affiliation to the petitioner college to start additional
courses viz., 6 year Pharm.D course with 30 seats and 3 year Pharm.D (Post
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Writ Petition No.42620 of 2025
Baccalaurate) course with 10 seats in the petitioner college from the academic year
2025-26 on the ground of non-production of Essentiality Certificate from the
Government.
2. According to the petitioner, as per the scheme framed under
Regulation 4.1b of the Master of Pharmacy (M.Pharm.) Course Regulation, 2014,
dated 18.01.2021, and the scheme framed under Regulation 9 of the Pharm.D
Regulations 2008, institutions which are approved by the Pharmacy Council of
India for B.Pharm. Course under Section 12 of the Pharmacy Act, 1948, are
eligible to apply to the second respondent, for starting M.Pharm and Pharm.D
Courses. While so, the petitioner college which was eligible to start additional
courses viz., 6 year Pharm.D course with 30 seats and 3 year Pharm.D (Post
Baccalaurate) course with 10 seats, applied to the fourth respondent University
vide letter dated 24.03.2025, to grant certificate of registration/consent of
affiliation to start the above courses from the academic year 2025-2026. The fourth
respondent vide impugned order dated 22.04.2025, returned the application for
non-production of Essentiality Certificate from the Government as per the
guidelines issued under G.O.Ms.No.228 and 229, Health and Family Welfare
Department, dated 04.05.2021. The petitioner, aggrieved by the impugned letter,
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Writ Petition No.42620 of 2025
has filed the above writ petition for the aforesaid relief.
3. Learned counsel further submitted that the issue in the writ petition
is no longer res integra and settled by a catena of judgments of this Court and the
Hon'ble Supreme Court judgment in Pharmacy Council of India vs
Dr.S.K.Toshniwal Educational Trust, Vidarbha Institute of Pharmacy and others.
Learned counsel, therefore, submitted that the impugned order was unsustainable
and same deserved to be set aside.
4. Learned counsel for fourth respondent, on the other hand, submitted
that, as per G.O.Ms.Nos.228 and 229, issued by the Health and Family Welfare
Department, dated 04.05.2021, the production of Essentiality Certificate was
mandatory and therefore, the petitioner's request was rightly rejected on the said
ground.
5. Heard both learned counsel and perused the materials available on
record.
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Writ Petition No.42620 of 2025
6. The core issue to be decided in this writ petition is whether the
insistence on the Essentiality Certificate from the Government as per the
G.O.Ms.Nos.228 and 229, issued by the Health and Family Welfare Department,
dated 04.05.2021, is justified or not.
7. The scheme framed under Regulation 9 of the Pharm.D
Regulations, 2008, reads as follows:
“2. Qualifying Criteria:
c) Pharm.D. (Post Baccalaureate) course will be
permitted only in those institutions which are permitted to run
Pharm.D. Course.
3. Pre-requisite mandatory documents to be submitted:
a) The institution shall submit the following documents for
starting of new pharmacy institution / introduction of new Pharm.D
course by existing institution -
For Private institutions / Government institutions
For Pharm.D course
i) Consent of affiliation of Examining Authority.
ii) MOU with 300 bedded hospital as per prescribed
requirements under regulation 2) of Appendix-B of Pharm.D
Regulations, 2008 except in North Eastern States and hilly regions
of India where hospital with 300 beds strength are not available,
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Writ Petition No.42620 of 2025
the institutions desiring to seek approval of Pharm.D course are
permitted to sign a Memorandum of Understanding with district
headquarter hospital with available bed strength. The prescribed
format of MOU is enclosed as Annexure-IV.”
Therefore, it is very clear that the only requirement for approval of the new courses
is the consent of affiliation of the examining authority along with MOU of 300
bedded Hospital for Pharm.D. It is undisputed that the petitioner college has been
approved by the Pharmacy Council of India for B.Pharm. courses under Section 12
of the Pharmacy Act, 1948, for the purpose of registration as Pharmacist.
Therefore, as per the Pharmacy Council of India Regulations, the petitioner college
is fully eligible for starting the said new courses. The fourth respondent returned
the petitioner's request for consent of affiliation, on the ground that the petitioner
did not produce the Essentiality Certificate from the Government as per
G.O.Ms.Nos. 228 and 229, issued by the Health and Family Welfare Department,
dated 04.05.2021. When the Pharmacy Council of India Regulations do not insist
on Essentiality Certificate, the insistence on the same by fourth respondent
University on the basis of the aforesaid G.O's cannot be countenanced. The
Hon'ble Supreme Court in the case of Pharmacy Council of India vs
Dr.S.K.Toshniwal Educational Trust, Vidarbha Institute of Pharmacy and others,
reported in 2020 SCC OnLine SC 296, held as follows:
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“87. In view of the above and for the reasons stated above, it
is held that in the field of Pharmacy Education and more
particularly so far as the recognition of degrees and diplomas of
Pharmacy Education is concerned, the Pharmacy Act, 1948 shall
prevail. The norms and regulations set by the PCI and other
specified authorities under the Pharmacy Act would have to be
followed by the concerned institutions imparting education for
degrees and diplomas in Pharmacy, including the norms and
regulations with respect to increase and/or decrease in intake
capacity of the students and the decisions of the PCI shall only be
followed by the institutions imparting degrees and diplomas in
Pharmacy. The questions are answered accordingly.”
A Division Bench of this Court following the aforesaid Judgment of the Hon'ble
Supreme Court in W.A.No.3534 of 2019, dated 16.06.2020, 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.
15. The counter affidavit of the first respondent in the writ
petition as well as in this writ appeal do not throw any light as to
the power of the State Government to insist upon obtaining of
Essentiality Certificate and it appears that the first
respondent/University merely heeded to that though it does not
have any statutory backing.
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Writ Petition No.42620 of 2025
16. It is also a well settled position of law that if a Statute
prescribes a thing to be done in a particular manner, it can be
done only in that manner and not in any other manner.
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. It is pertinent to note here that the above said order was challenged
before the Hon'ble Supreme Court in Special Leave to Appeal No(s). 16085/2020,
and the same was dismissed vide order dated 12.01.2021.
9. The aforesaid judgments squarely apply to the facts of the case and
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hence, in view of the categorical statement of law laid down by the Hon'ble
Supreme Court and also Division Bench of this Court, this Court is of the view that
the impugned order has no legs to stand.
10. The contentions of the fourth respondent University that
Essentiality Certificate was insisted on the basis of G.O.Ms.Nos.228 and 229,
dated 04.05.2021, does not deserve merit. This Court is of the view that the G.O's
cannot override the statutory regulations of the Pharmacy Council of India. The
said G.O's. have to pave way to the Regulations of Pharmacy Council of India,
which governs the field.
11. In view of the above discussions, the impugned order dated
22.04.2025, issued by the fourth respondent is set aside. The fourth respondent is
directed to grant consent of affiliation to the Petitioner College to start additional
courses, viz., 6 year Pharm.D course with 30 seats and 3 year Pharm.D (Post
Baccalaurate) course with 10 seats in the petitioner college from the academic year
2025-26, without insisting on Essentiality Certificate from the Government, within
a period of six (6) weeks from the date of receipt of a copy of this order.
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Writ Petition No.42620 of 2025
Accordingly, writ petition is allowed with the above direction. No
costs. Consequently, connected miscellaneous petitions are closed.
06.11.2025
Index:Yes/No
Neutral Citation:Yes/No
Speaking Order/Non-Speaking Order
gm
To
1.The Secretary,
Department of Health and Family Welfare,
Government of Tamil Nadu, Chennai.
2.The Director of Medical Education,
Directorate of Medical Education Campus,
Kilpauk, Chennai – 600 010.
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Writ Petition No.42620 of 2025
3.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.
4.The Registrar,
TN Dr.M.G.R.Medical University,
69, Anna Salai, Guindy,
Chennai- 600 032.
N.ANAND VENKATESH, J.
gm
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Writ Petition No.42620 of 2025
Writ Petition No.42620 of 2025
06.11.2025
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