Rajasthan High Court - Jodhpur
Shri Sawai College Of Pharmacy vs The State Of Rajasthan ... on 18 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:41864]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11749/2025
Shri Sawai College Of Pharmacy, Deedwana, Nagaur Run And
Managed By The Society Shri Sawai Shikshan Avam
Prashikshanva Shodh Sansthan, Deedwana, Nagaur Through Its
Secretary Gorakh Singh S/o Late Sawai Singh, 43 Years, R/o
Near Panchmukhi Balaji Mandir Gadha Baas, Deedwana, Nagaur
(Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Health And Family Welfare, Government
Secretariat, Jaipur, Rajasthan.
2. Pharmacy Council Of India, Through Its Registrar Cum
Secretary, Office At Nbcc Centre, 3Rd Floor Plot No. 2,
Community Centre, Maa Anandmai Marg, Okhla Phase 1,
New Delhi (110020).
3. The Rajasthan Pharmacy Council, Through Its Registrar,
Government Dispensary Campus, Sardar Patel Marg,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Kunal Bishnoi
Mr. Dinesh
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
Mr. Sajjan Singh Rathore, PCI
Mr. Pravin Kumar Choudhary
Ms. Shagun Mathur
Mr. Saurabh Surana
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/09/2025
1. By way of filing the preset writ petition under Article 226 of
the Constitution of India, the petitioner has prayed for the
following reliefs:-
"It is, therefore, most respectfully prayed that this allowed
writ and petition may kindly the petitioner be most
(Uploaded on 19/09/2025 at 06:40:52 PM)
[2025:RJ-JD:41864] (2 of 5) [CW-11749/2025]
respectfully prays that this Hon'ble Court may graciously be
pleased to-
i) issue an appropriate writ, order or direction in the nature
of mandamus directing the respondent Pharmacy Council of
India to immediately reflect the name of the petitioner-
institution, Shri Sawai College of Pharmacy, in the list of
recognized and approved pharmacy institutions on its
official website and portal, for the Diploma in Pharmacy
course, commencing from the academic session 2019-2020;
ii) issue an appropriate writ, order or direction to the
respondent Rajasthan Pharmacy Council to permit the
students admitted in the petitioner-institution for the
academic session 2019-2020 onwards, who have completed
the approved Diploma in Pharmacy course and whose
results have been duly declared, to register themselves as
pharmacists in accordance with the Pharmacy Act, 1948;
iii) declare that the continued non-reflection of the
petitioner-institution's name in the official list maintained by
the Pharmacy Council of India, despite valid approval dated
15.06.2019 (Anex1) is arbitrary, unjust and violative of
Articles 14 and 19(1)(g) Constitution of India;
iv) direct the respondents to take all consequential steps
necessary to enable the affected students to apply and
appear for and examinations seek competitive professional
registration without further delay:
v) Any other writ, order or which this Hon'ble Court may
deem just and proper in the facts and circumstances of the
case, may kindly be passed in favour of the humble
petitioner."
2. Shri Kunal Bishnoi, learned counsel for the petitioner
submitted that 60 students of the petitioner- Institution who had
completed their D Pharma Course in the Academic Session 2020-
21 have not been registered by the Pharmacy Council of India
(hereinafter referred to as 'Council') despite the fact that result of
these students for D Pharma course was issued by the Rajasthan
University of Health and Sciences, Jaipur pursuant to the order
dated 02.08.2024 passed by this Court in S.B. Civil Writ Petition
No.5599/2021.
3. Per contra, Shri Sajjan Singh Rathore, learned counsel
appearing for the respondent No.2 vehemently submitted that the
(Uploaded on 19/09/2025 at 06:40:52 PM)
[2025:RJ-JD:41864] (3 of 5) [CW-11749/2025]
petitioner- Institution was not approved for affiliation by the
Council for the Academic Session 2020-21. He submitted that the
petitioner - Institution has illegally admitted students in D Pharma
Course without having any approval/ affiliation by the Council.
Further, no challenge to the decision of Council dated 10.04.2020
denying approval/ affiliation to the petitioner- Institution has ever
been made by it. Learned counsel submitted that since the
students were admitted by the petitioner- Institution in the
Academic Session 2020-21 without any authority of law, no
permission to register them with the Council should be granted by
this Court.
4. Upon being questioned, learned counsel for the Council was
not in a position to refute the fact that the result of the students
admitted by the petitioner- Institution in the Academic Session
2020-21 was declared by the Rajasthan University of Health and
Sciences in compliance of the directions issued by this Court in
S.B. Civil Writ Petition No.5599/2021 which was passed in the
presence of the learned counsel appearing for the Council.
5. Heard learned counsel for the parties. Perused the material
available on record.
6. The relevant portion of the judgment dated 02.08.2024
passed by this Court in S.B. Civil Writ Petition No.5599/2021 is
reproduced below for ready reference:-
16. Heard learned counsel for the parties and perused the
record.
17. It is clear from the record that the approval which the
Council had granted to the petitioner on 15.06.2019 was not
revoked or withdrawn and only a show cause notice was
issued by the Pharmacy Council of India to the petitioner-
College.
(Uploaded on 19/09/2025 at 06:40:52 PM)
[2025:RJ-JD:41864] (4 of 5) [CW-11749/2025]
18. According to the petitioner it has cured the
discrepancies pointed by the Council by its notice dated
31.08.2020.
19. But, the approval granted by the Council was for
academic year 2019-2020, whereas the petitioner gave
admission to the students in academic year 2020-2021, for
which there was no valid approval by the Council.
20. Be that as it may. A Co-ordinate Bench of this Court
considering the petitioner's case worth indulgence had
granted the aforesaid interim order.
21. True it is, that going by the tenor and spirit of the
interim order, the petitioner could only take part in the
counseling and it could not give admission at its own accord.
The admissions given by the petitioner-College were,
therefore, irregular.
22. But then, having regard to the fact that 60 students
bonafidely got admission, paid fees and spent their two
years, under the impression that the petitioner is entitled to
admit the students, this Court feels that if this writ petition is
dismissed, it would serve no cause. In any case, dismissal of
writ petition would impact future of these 60 students for
none of their fault.
23. For the reasons aforesaid and in the interest of justice,
this Court deems it expedient to direct the respondent-
University to declare the result of the students who have
been given admission and taught by the petitioner-College.
24. As a cost of giving irregular admission, the petitioner-
College shall pay a sum of Rs.15 Lakhs to the respondent-
University, which the respondent-University shall spend for
the library of the students.
25. The petitioner-College shall have to deposit the cost of
Rs.15 Lakhs by 31.08.2024 and the result of the students
shall be declared only after the aforesaid cost has been
deposited by the petitioner-College.
26. It will be required of the Registrar of University to keep
a separate account of the amount deposited by the
petitioner-College and spend the amount as and when
required.
27. Needless to observe that henceforth the petitioner shall
not give admission to the students, without there being due
approval by the Pharmacy Council of India and affiliation by
the respondent-University.
28. The writ petition so also all the interlocutory
applications including stay application stand disposed of. "
7. In the opinion of this Court, once the result of the students
who were admitted in the petitioner- Institution in the Academic
Year 2020-21 has already been declared by the Rajasthan
(Uploaded on 19/09/2025 at 06:40:52 PM)
[2025:RJ-JD:41864] (5 of 5) [CW-11749/2025]
University of Health and Sciences pursuant to the order passed by
the Co-ordinate Bench of this Court in S.B. Civil Writ Petition
No.5599/2021, no purpose would be served by denying them
registration with the Pharmacy Council of India particularly when it
has come on record that they took admission in the petitioner-
Institution with bona fide intentions and have completed their
course in accordance with law.
8. It is also to be noticed that a cost of Rs.15,00,000/- was
imposed upon the petitioner- institution by the Co-ordinate Bench
of this Court while deciding S.B. Civil Writ Petition No.5599/2021
for giving illegal/ irregular admissions to the students in the
Academic Session 2020-21.
9. In the result, the present writ petition is allowed. The
respondent Pharmacy Council of India is directed to register the
60 students who had completed their D Pharma Course with the
petitioner- Institution in the Academic Session 2020-21 forthwith.
10. It is made clear that the directions issued by this Court to
register the students who were admitted by the petitioner-
Institution in the academic year 2020-2021 with Pharmacy Council
of India are limited to the facts and circumstances of the present
case and shall not be treated as precedent.
11. Stay petition stands disposed of.
(KULDEEP MATHUR),J
34-divya/-
(Uploaded on 19/09/2025 at 06:40:52 PM)
Powered by TCPDF (www.tcpdf.org)
