Orissa High Court
Nabarangpur College Of vs State Of Odisha And Others on 25 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14000 of 2022
Nabarangpur College of ..... Petitioner
Pharmacy
Mr. Pradipta Kumar Mohanty, Sr.
Advocate along with Mr. Pranoy
Mohanty, Advocate
Vs.
State of Odisha and others ..... Opposite Parties
Mr. A. K. Mishra, AGA (O.P. Nos. 1 & 3),
Mr. R.C. Mohanty, Advocate (O.P.2) &
Mr. P.K. Parhi, DSGI (O.P.4)
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
25.07.2023
Order No. This matter is taken up through hybrid mode.
05.
2. Heard Mr. P.K. Mohanty, learned Senior Counsel appearing along
with Mr. Pranoy Mohanty, learned counsel for the petitioner; Mr. A.K.
Mishra, learned Additional Government Advocate appearing for the
State-opposite party nos. 1 and 3, Mr. R.C. Mohanty, learned counsel
appearing for opposite party no.2 and Mr. P.K. Parhi, learned Deputy
Solicitor General of India for opposite parties no.4.
3. The petitioner has filed this writ petition seeking the following
relief:-
"It is therefore, prayed that this Hon'ble Court may
graciously be pleased to issue Rule Nisi, in the nature of
writ of MANDAMUS and/or any other appropriate
writ/writs, direction/directions and order/orders, caning
upon the Opp.Party No.4 to show cause as to why its
action in not allowing the petitioner to submit
application along with the deposit of required fee for
inspection/affiliation/approval, for opening of the D-
pharma course, through its portal, during its opening
period, pursuant to its notices vide Artnexure-10 and 20
and in course of applying, exiting the petitioner to
further proceed as per Annexure-11 & 22 respectively on
the ground stated therein, shall not be declared as illegal
and quashed, holding that the petitioner's institution is
not restricted and/or debarred to apply as per the
criteria of the moratorium policy as declared by
O.P.No.4 under Annexure-8;
AND
Further as to why, it (O.P.No.4) shall not be
commanded to allow the petitioner's institution to
successfully submit the application with such required
deposit of fee, for the coming/ensuing academic session
2022-23 and/or or such subsequent academic session
(usually from the month of August till the month of July
of the next year) for D-pharma course, to allow the
admission of its students and commencement of its class,
either through online through its portal to be opened for
the said purpose or through offline, taking into
consideration the RENEWAL NOC granted by O.P.No.2
and also the grievance and request made as per the
representation vide Annexure-28 within a particular
time; AND/OR
Further be pleased to direct O.P.No.4, to
allow the petitioner's institution to apply and deposit the
required fee for the purpose of verification/inspection of
the petitioner's institution, without restricting it within
the purview of moratorium policy, in the light of the
judgment of the Hon'ble Apex Court and the order of this
Hon'ble Court dtd.21.09.2022 as under Annexure-30 and
without taking it within the purview of the letters vide
Annexures-33, 34 & 35 of O.P.No.4, rather on receipt of
the deposit of the inspection fee as was applicable by the
time of initial application for the academic session 2019-
20 within a particular time;"
4. Mr. P.K. Mohanty, learned Senior Counsel appearing for the
petitioner contended that similar matter had come up for consideration
before the High Court of Chhattisgarh at Bilaspur in Chouksey College of
Pharmacy Run by H.K. Kalchuri Educational Trust, through its
Director Mrs. Palak Jaiswal & Anr. V. Pharmacy Council of India,
through its Chairman/Secretary & Ors., 2022 SCC Online Chh 762,
before the High Court of Karnataka at Bengaluru in Pharmacy Council
of India, NBCC Centre, New Delhi v. Rajeev College of Pharmacy,
Bangalore (W.A. No.746 of 2020 (EDR-REG) in W.P. No.52868 of
2019 (EDN-REG) disposed of on 09.11.2021) and before the High Court
of Delhi in Shaheed Teg Bhadur College of Pharmacy v. Pharmacy
Council of India, 2022 SCC Online Del 684, wherein the claim of the
petitioners therein was allowed. Against the judgment passed by the High
Court of Karnatak, Pharmacy Council of India approached the apex Court
by filing SLP (Civil) No.19671 of 2021 which has been registered as
Civil appeal No.6681 of 2022 and the apex Court vide judgment dated
15.09.2022 dismissed the said SLP and accordingly, the writ petition filed
by the institution was also disposed of in terms of the said judgment.
Therefore, it is contended that since the petitioner-institution claiming
same benefit has approached this Court, the writ petition be disposed of
in terms of the judgment of the apex Court in Pharmacy Council of India
v. Rajeev College of Pharmacy, 2022 SCC Online SC 1224.
5. Mr. P.K. Parhi, learned Deputy Solicitor General of India
appearing for opposite parties no. 4 though admitted that the Civil Appeal
filed by the Pharmacy Council of India has been dismissed, but he
contended that in paragraphs-55 & 56 of the said judgment, the apex
court held that a Division Bench of the Bombay High Court, Aurangabad
Bench in a batch of writ petitions being Writ Petition No.4919 of 2020
(Sayali Charitable Trust's College of Pharmacy v. The Pharmacy
Council of India, decided on 6th November, 2020) held that the
Resolutions/communications dated 17.07.2019 and 09.09.2019 of the
Central Council are in the nature of executive instructions, could not
impose restrictions on the fundamental right to establish educational
institutions under Article 19(1) (g) of the Constitution of India, the apex
court does not find it necessary to consider the submissions advanced on
other issues.
6. Having hearing learned counsel for the parties and after going
through the records, since the issue involved in this case has already been
decided by the apex Court in Pharmacy Council of India (supra), this
Court is of the considered view that nothing remains to be adjudicated in
the present case as the position has been settled by the apex Court.
Therefore, this writ petition stands disposed of in terms of the judgment
of the apex Court in Pharmacy Council of India (supra).
(DR. B.R. SARANGI)
JUDGE
(M.S. RAMAN)
Arun JUDGE
Signature Not Verified
Digitally Signed
Signed by: ARUN KUMAR MISHRA
Designation: ADR-cum-Addl. Principal Secretary
Reason: Authentication
Location: Orissa High Court
Date: 25-Jul-2023 17:25:15
