Patna High Court
Shivam College Of Higher Studies vs The State Of Bihar on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.969 of 2021
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Shivam College of Higher Studies Ashoka Shiksha Kendra, Khusrupur, Near
NH, Po-Khusrupur, Dist.-Patna, Bihar-803202 through its Secretary Ashok
Kumar, Male aged about 54 Years, S/o Raghunandan Sharma, R/o House no.
106-G, Patliputra Colony, Near Polytechnic More, Patliputra Colony, Patna-
Bihar-800013.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Health Medical Educaton and Family Welfare, Patna.
2. The Secretary, Health and Family Welfare Ministry, Government of India,
Room No. 348, A Wing, AHS Section, NIrman Bhawan, New Delhi-11.
3. The Controller of Examination, Diploma in Pharmacy, Department of Health
Medical Education, Patna.
4. The Vice Chancellor, Aryabhatta Knowledge University, Gyan Parishar,
Mithapur, Patna.
5. The Pro Vice Chancellor, Aryabhatta Knowledge University, Gyan Parishar,
Mithapur, Patna.
6. The Registrar, Aryabhatta Knowledge University, Gyan Parishar, Mithapur,
Patna.
7. Pharmacy Council of India through its Registrar-Cum-Secretary, NBCC
Centre, 3rd Floor, Plot no. 2, Community Centre, Maa Anandamai Marg
Okhla Phase I, New Delhi-110020.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suman Kumar, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP-12
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 23-11-2021
None appears for the petitioner.
2. In the instant petition, petitioner has sought for
following reliefs:
"(i) For issuance of an
appropriate writ/writs in the nature of
mandamus commanding and directing the
respondent Aryabhatta knowledge
University (Examining Body) to grant
affiliation to petitioner college to impart
Patna High Court CWJC No.969 of 2021 dt.23-11-2021
B.Pharma course for academic session 2020-
2021 for which the petitioner has already
deposited Rs. 25,000/- (Twenty five
Thousand Only) for application fee, Rs.
25,000/- (Twenty Five Thousand Only) for
inspection and processing fee on 27.05.2020
and Rs. 40,000/- (Forty Thousand only) for
affiliation fee on 27.05.2020 and the
respondent has accepted these fees.
The respondent Pharmacy
Council of India, New Delhi has granted
approval to the petitioner colleges to run
the B.Pharma and D.Pharma Courses on
10th April 2020.
(ii) For issuance of an appropriate
writ in the nature of mandamus for a
direction to the respondent Health
Department to grant affiliation for
conducting D.Pharma Course, as the
respondent Pharmacy Council of India has
granted approval to run D.Pharma Course.
The petitioner college fulfills all
requisite criteria and have deposited
required fee but without any rhyme and
reason the respondents kept the matter
hanging in air, ignoring the letter dated
19.08.19 issued by Health Department,
Bihar vide letter no. 644(17) issued to The
Secretary, Health and Family Welfare,
Government of India by which it was
requested to lift the ban imposed to run
pharmacy college.
(iii) For issuance of an
appropriate writ in the nature of mandamus
for a direction to the respondent Pharmacy
Council of India not to take any action as to
withdrawal of approval/recognition granted
to the petitioner institutions and stay the
further proceedings in the matter.
The Pharmacy Council of India
has issued a letter to the petition institution
that if they fail to submit consent of
affiliation of Aryabhatta Knowledge
University within two weeks of issuance of
the letter, the recognition/approval earlier
granted by the Council will be deemed to
Patna High Court CWJC No.969 of 2021 dt.23-11-2021
have been withdrawn. The letter was issued
to the petitioner institution on 29.09.2020.
(iv) For issuance of any other
relief/reliefs for which the petitioner is
entitled to get."
Petitioner's grievance is relating to grant of affiliation to
impart B.Pharma courses and other courses. In this regard, the
petitioner is stated to have submitted application and deposited
prescribed fees. There is inaction on the part of the Respondent-
University in not either extending affiliation to the petitioner's
college or rejecting or pointing out any deficiencies in not granting
affiliation to the petitioner's college despite it is more than two
years. Therefore, the University as well as Government is hereby
directed to take note of the grievances of the petitioner and redress
the same within a period of four weeks from the date of receipt of
copy of this order, failing which, petitioner is entitled to litigation
cost and it is quantified @ Rs. 25,000/-. Cost shall be paid if
decision is not taken within four weeks from the date of receipt of
this order.
With the above observations, the instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 29.11.2021
Transmission Date
