Uttarakhand High Court
WPMS/1981/2021 on 1 October, 2021
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WPMS No.1981 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Abhijay Negi, Advocate, for the
petitioner.
The petitioner has contended that the
petitioner's Institution happens to be one of the
leading Institutions in the field of hospitality and
higher education, which has been engaging itself
into such type of courses ever since 2005.
The petitioner has further contended, that
the petitioner's Institution enjoys an approval
from All India Council of Technical Education,
Ministry of Human Resources Development,
Government of India, as well as, that of the State,
and in fact it is the only private Institution, which
has been recognized by the AICTE, in the
Garhwal Region, for running their Bachelor
courses of hotel management and catering
technology. The National Council of Hotel
Management and Catering Technology, too has
approved the Institution of the petitioner. In fact,
the records of the writ petition shows that the
petitioner's Institution has filed an application
before the Pharmacy Council of India for the
academic session 2017-2018, along with all the
requisite testimonials in order to process the
application of the petitioner for the approval of
the subject, for the said academic year. In fact,
the petitioner was even also granted a temporary
permission, for administering the courses of B.
Pharma and D. Pharma, but it was confined to for
the academic session 2017-2018, which was
temporarily granted to the petitioner's Institution,
and later on it was temporarily continued from
time to time. In fact, the controversy, arose when
the petitioner's Institution applied for its renewal
for the academic session 2020-2021, but on
account of certain technical glitch, the application
of the petitioner for renewal of the petitioner
Institution, could not be processed for the said
academic year 2020-2021, despite of the fact that
the petitioner had consistently made several
requests, to the Pharmacy Council of India, to
consider the request for the approval of the
courses by which the temporary permission was
granted for the year 2017 -2018. However,
nothing was forthcoming so far it relates to the
academic year 2020-2021, is concerned.
Be that as it may, that with the
commencement of the academic session for the
year 2021-2022, the petitioner's Institution once
again applied before the respondent, but while
considering the petitioner's Institution request for
the continuation of the recognition which was
already granted for the academic session 2017 -
2018, onwards to be made applicable for the
academic year 2021 -2022 also, the respondent
by virtue of their correspondence dated
15.06.2021, in fact had created an impediment, in
continuing with the recognition granted since
2017-2018, on the pretext, that since the
petitioner's Institution recognition was not
continued for the academic year 2020-2021 as
there was a break in recognition, the petitioner's
application for the grant of recognition, would be
treated as to be a new applicant, for the grant of
recognition of the courses to be recognized by the
Pharmacy Council of India.
When the writ petition was filed, the
respondents were noticed, the petitioner has filed
an affidavit of service of having served "dasti'
notices on the Pharmacy Council of India, but till
date none has appeared to raise a pleadings to the
contrary, then what has been raised by the
petitioner in the writ petition to substantiate his
case, that owning to the infrastructure facilities
and the facility of adequate faculty, which is
available to him which rather satisfies the norms
of the Pharmacy Council of India, the recognition
of the petitioner's Institution by the Pharmacy
Council of India for the academic year 2021-
2022, ought to have been continued. But no
positive mandamus, at this stage, could be issued
to the Pharmacy Council of India by this Court to
grant the recognition to the petitioner's
Institution in the absence of their appearance in
the writ petition before this Court.
Hence, since the respondent/Pharmacy
Council of India, despite of service of notice has
not put in appearance before this Court. It is
hereby directed, that the petitioner's Institution
would approach the Pharmacy Council of India,
by filing an application for the grant of the
recognition for the B. Pharma and D. Pharma
courses, for the academic year 2021- 2022, that
would be pragmatically considered by the
Pharmacy Council of India, as per the Rules
prevalent, governing the field of recognition of
the courses, and the impugned orders dated
10.06.2021 and 27.06.2021, whereby the
petitioner's Institution has been determined as to
be a new applicant for the grant of the
recognition; would not create any impediment in
considering the application for the grant of
continuity of recognition of the petitioner's
Institution in continuance to the recognition,
already granted to the Institution of the petitioner
in the year 2017-2018. The decision on the
application of the petitioner's Institution, would
be taken by the Pharmacy Council of India within
a period of one month from the date of the
production of a certified copy of this judgment.
Subject to the above observations, the writ
petition stands disposed of accordingly.
(Sharad Kumar Sharma, J.)
01.10.2021
NR/
