Patna High Court
I.K. College Of Pharmacy vs The State Of Bihar on 25 September, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10338 of 2025
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I.K. College of Pharmacy, Village- Mehnaur, P.O.- Tungi, P.S.- Deepnagar,
District- Nalanda through the Secretary of Sohagiya Jan Seva Sansthan,
namely Indrajit Kumar, aged about 36 years, Son of Krishnandan Prasad,
resident of village and P.O.- Pachaura, P.S.- Harnaut, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.
3. The Officer on Special Duty, Health Department, Govt. of Bihar, Patna.
4. The Pharmacy Council of India through its Registrar-Cum- Secretary,
Having its office at I-300, 3rd Floor, Tower-I, World Trade Centre, Nauroji
Nagar, New Delhi - 110029.
5. The Registrar-Cum-Secretary, Pharmacy Council of India, New Delhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prashant Sinha, Advocate
For the State : Ms. Vertikka K. Kashyap, AC to AG
For the PCI : Mrs. Psrul Prasad, Advocate
Mr. Aditya Anand, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 25-09-2025
Heard the parties.
2. The Secretary of the College has invoked the
jurisdiction of this Court seeking a direction upon the respondent
authorities to take appropriate decision on the report submitted
by the Expert Committee Constituted under the order contained
in Memo No. 26(17) dated 08.01.2024, issued by the Officer on
Special Duty, Health Department, Government of Bihar; in
pursuant to which the Committee inspected the petitioner's
Patna High Court CWJC No.10338 of 2025 dt.25-09-2025
2/4
college on 29.06.2024 and submitted its confidential report on
20.08.2024.
3
. Mr. Prashant Sinha, learned Advocate for the
petitioner submitted that despite the inspection of the College, in
question, by a duly constituted Committee and submission of its
report no action has been taken till date. Moreover, in absence of
"No Objection Certificate" issued by the State Government, the
petitioner's institution could not be allowed to run the courses of
D. Pharm and B. Pharm for the academic Session 2023-24.
4. Learned Advocate for the petitioner has placed a
copy of the Bihar Medical Education Institution (Regulation and
Control) Act, 1981 (hereinafter referred to as the 'Act 1981') as
well as Bihar State Engineering and Pharmacy Educational
Institution (Regulation and Control) Act, 1982 (hereinafter
referred to as the 'Act 1982').
5. Referring to Clause- 5 of both the Acts it is
submitted that the respondent State authorities are under
obligation to conduct inspection of the school, in question,
preferably within a period of three months from the date of filing
of completion report and in case the same could not be done, the
period of inspection may be extended. After conducting
inspection, the State authorities are duty bound to act upon the
Patna High Court CWJC No.10338 of 2025 dt.25-09-2025
same. In the case in hand, the inspection was done long back on
29.06.2024 and the report has been submitted on 28.08.2024, but
till date even after lapse of one year no action has been taken and
thereby the petitioner's institution has been deprived from
running their courses in absence of "No Objection Certificate",
which is sine qua non for the purpose of affiliation of institution
by the Pharmacy Council of India.
6. A counter affidavit has been filed on behalf of
respondent nos. 1 to 3. Ms. Vertikka, learned Advocate for the
State referring to para 6 thereof submitted that on account of on
going Quality Assessment of the existing Government and
Private Pharmacy Institutes across the State of Bihar, the Health
Department, Government of Bihar has decided to keep in
abeyance, issuance of any "No Objection Certificate" to new
private Pharmacy Institution till the work of Assessment/Survey
and Review in this matter is completed.
7. Learned Advocate for the Pharmacy Council of
India is present and submitted that for the purpose of affiliation
"No Objection Certificate" in favour of the institution is
necessary.
8. In view of the submissions advanced and the
materials available on record, this Court instead of keeping the
Patna High Court CWJC No.10338 of 2025 dt.25-09-2025
matter pending, awaiting the completion of the work of
Assessment/Survey by the Quality Council of India, deems it fit
and appropriate to dispose of the writ petition with a direction to
the respondent nos. 2 and 3 to look into the matter and take
appropriate action, based upon the inspection report dated
20.08.2024, preferably within a period of four weeks from the
date on which the work of Assessment/Survey and Review is
completed and report is submitted in this regard keeping in mind
the specific prescription noted under the Act, 1981 and Act, 1982
referred hereinabove.
9. It is expected that the concerned respondent shall
take all sincere effort to get the report from the Quality Council
of India at the earliest.
10. With the aforesaid direction, the writ petition
stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.09.2025
Transmission Date NA
