High Court of KeralaDivision Bench2023-03-15Disposed of with directions; writ appeals dispo...

WA Nos. 650 & 652 of 2023: MGM Silver Jubilee College of Polytechnic and Pharmaceutical Sciences, PAMPAKUDA, ERNAKULAM DISTRICT v. Pharmacy Council of India; Cochin College of Engineering and Technology, ATHIPPATTA, EDAYUR P.O., VALANCHERY VIA, MALAPPURAM v. Pharmacy Council of India

Case / Petition Number:WA Nos.650 & 652 of 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
Judgment Date: 2023-03-15
Court Decision / Holding: Writ appeals disposed of; directed PCI to process the applications without insisting on production of consent of affiliation from the Examining Authority; the needful shall be done within the time frame referred to in Parshvanath Charitable Trust (supra); PCI may decide whether a fresh inspection is required or to rely on earlier inspection reports.
Final Disposition: Disposed of with directions; writ appeals disposed of with orders to process applications without insisting on consent of affiliation, and to decide on inspection within the Parshvanath timeframe.

Parties to the Case

Appellants / Petitioners

MGM Silver Jubilee College of Polytechnic and Pharmaceutical Sciences, PAMPAKUDA, ERNAKULAM DISTRICT
COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY, ATHIPPATTA, EDAYUR P.O., VALANCHERY VIA, MALAPPURAM, PIN-676552

Respondents

The Pharmacy Council of India
The Director of Medical Education

Legal Representation & Advocates

Counsels for Petitioners

• Nisha George George Poonthottam (Sr.)
• Ann Maria Francis

Counsels for Respondents

• C.S. Manu

Case Synopsis & Summary

The writ appeals challenge the Kerala High Court’s stance on whether institutions proposing to run a Doctor of Pharmacy? or Diploma in Pharmacy courses must obtain a consent of affiliation from the Examining Authority before approaching the Pharmacy Council of India (PCI). The court recalls its own intra‑part judgments in WP(C) Nos.38755/2022 and 38790/2022, which held that the ‘consent of affiliation’ requirement is not mandatory and is rather directory or desirable, not a mandatory precondition that would lead to rejection in its absence. It also relies on the decision in Principal, DM Wims College of Pharmacy v. PCI (2022 (2) KLT 567) to support a non‑mandatory interpretation of the consent condition. The petitions were filed in the context of the 2022–23 admissions, with government reports issued about No Objection Certificates, and the appellants having submitted applications for 2023–24. The High Court notes that while the PCI cannot be directed to consider 2022–23 applications solely for lack of consent of affiliation, it should process the applications without insisting on such consent, within the time frame indicated by Parshvanath Charitable Trust and Others v. AICTE. The PCI is left to decide, in light of existing or fresh inspection reports, whether new inspections are required. The writ appeals are disposed of accordingly with these directions.

Provisions of Law Cited

Regulations requiring 'Consent of Affiliation' from the Examining Authority (PCI)Parshvanath Charitable Trust and Others v. All India Council for Technical Education and Others, 2013 (3) SCC 385Principal, DM Wims College of Pharmacy v. Pharmacy Council of India, 2022 (2) KLT 567

Legal Doctrines & Maxims

ex abundanti cautela (Latin maxim)
Consent of affiliation is not mandatory; can be directory or desirable rather than mandatory (doctrine)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that the regulatory requirement of 'consent of affiliation' from the Examining Authority, as read in the PCI regulations, is not mandatory. They rely on the Kerala High Court’s intra‑part judgment in WP(C) Nos.38755/2022 and 38790/2022, which held that the consent of affiliation is apodictic only for abundant caution and is directory or desirable rather than mandatory, and on the DM Wims College of Pharmacy decision (2022 (2) KLT 567), which supports a non‑mandatory interpretation. The appellants have already submitted applications for the academic year 2023–24 and the PCI has acknowledged receipt; inspections conducted indicate the requisite facilities exist to run D.Pharm courses. They contend that, given the above, the PCI should process the 2022–23 applications without insisting on a fresh consent of affiliation, and that any fresh inspection can be left to the PCI’s discretion in light of Parshvanath Charitable Trust’s directions. They emphasise a due procedural framework and timeframe, and that denying consideration would deprive institutions of timely admissions and contravene regulatory fairness.

Contentions of Respondents

The PCI and the authorities contend that the mandatory consent of affiliation remains a regulatory safeguard and that the Regulations require a valid affiliation as a precondition for running professional courses. They argue that Parshvanath Charitable Trust directions should guide resolution but not override essential regulatory checks. The time frame for processing must align with applicable directives, and until a credible inspection report is available, a decision should be deferred. PCI submits that it cannot be directed to bypass the consent requirement, and may require fresh inspections if necessary. While No Objection Certificates issued by the government support compliance, the maintenance of standards and regulatory oversight is emphasized.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Principal, DM Wims College of Pharmacy v. Pharmacy Council of India	2022 (2) KLT 567	Positive	Cited as authority supporting the view that consent of affiliation may not be mandatory, forming part of the basis for the intra‑part decision subsequently relied upon by the High Court.
Parshvanath Charitable Trust and Others v. All India Council for Technical Education and Others	2013 (3) SCC 385	Positive	Cited for its directions/timeframe guidance; used to frame the procedural timeline for processing applications.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against WA Nos. 650 & 652 of 2023: MGM Silver Jubilee College of Polytechnic and Pharmaceutical Sciences, PAMPAKUDA, ERNAKULAM DISTRICT v. Pharmacy Council of India; Cochin College of Engineering and Technology, ATHIPPATTA, EDAYUR P.O., VALANCHERY VIA, MALAPPURAM v. Pharmacy Council of India and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 WA NO. 650 OF 2023** **JUDGMENT DATED 15.03.2023 IN WP(C) 5571/2023 OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER:** MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES, PAMPAKUDA, ERNAKULAM DISTRICT, REPRESENTED BY ITS EXECUTIVE DIRECTOR, PIN - 686667 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANN MARIA FRANCIS ## **RESPONDENTS/RESPONDENTS:** 1 THE PHARMACY COUNCIL OF INDIA COMBINES COUNCIL'S BUILDING, TEMPLE LANE, ROTLE, NEW DELHI, REPRESENTED BY ITS REGISTRAR, PIN - 110002 2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKUZHI, THIRUVANANTHAPURAM, PIN - 695011 BY ADV C.S.MANU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.03.2023 ALONG WITH WA NO.652/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.650 & 652 of 2023 ..2.. **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 WA NO. 652 OF 2023** **JUDGMENT DATED 15.03.2023 IN WP(C) 5419/2023 OF HIGH** ## **COURT OF KERALA** ## **APPELLANT/PETITIONER:** COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY, ATHIPPATTA, EDAYUR P.O., VALANCHERY VIA, MALAPPURAM, REPRESENTED BY ITS EXECUTIVE DIRECTOR, PIN - 676552 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANN MARIA FRANCIS ## **RESPONDENTS/RESPONDENTS:** 1 THE PHARMACY COUNCIL OF INDIA COMBINES COUNCIL'S BUILDING, TEMPLE LANE, ROTLE, NEW DELHI-110002, REPRESENTED BY ITS REGISTRAR, PIN - 110002 2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKUZHI, THIRUVANANTHAPURAM, PIN - 695011 BY ADV C.S.MANU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.03.2023 ALONG WITH WA NO.650/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.650 & 652 of 2023 ..3.. ## **JUDGMENT** ## A. MUHAMED MUSTAQUE, J. The question whether the educational institutions proposing to run D.Pharm course be required to obtain a 'consent of affiliation' from the Examining Authority to produce before the Pharmacy Council of India has been considered in _intra parte_ judgment in writ petitions filed by the appellants herein, WP(C) Nos.38755/2022 & 38790/2022. At the Bar, it is admitted that there is no challenge against the said judgment of the learned Single Judge, wherein, after an elaborate discussion in the matter, in paragraph 20 of the judgment, it is concluded as follows; “20. In the afore perspective and scenario, it is apodictic that the requirement in the “Regulations”, that the applicant should produce “Consent of Affiliation” from the Examining Authority, can only be seen to be _ex abundanti cautela_ and as a directory or a desirable requirement, rather than being mandatory, so as to lead to the rejection of their applications in its absence.” WA Nos.650 & 652 of 2023 **==> picture [31 x 8] intentionally omitted <==** This conclusion was based on the judgment of another Single Judge in **Principal, DM Wims College of Pharmacy** v. **Pharmacy Council of** **India** [2022 (2) KLT 567]. 2. Though a challenge was made against the said judgment in appeal, the challenge became futile owing to subsequent events, the Government issuing No Objection Certificate to the institutions. That means, the judgment of the learned Single Judge in _intra parte_ litigation has become final without there being a challenge on the side of the Pharmacy Council of India and the Examining Authority. 3. The present case happened to be filed in the context of expiry of the period for processing the applications submitted for the academic year 2022-23 in the light of the judgment of the apex court in **Parshvanath Charitable Trust and Others** v. **All India Council for Technical Education and Others** [2013 (3) SCC 385]. The WA Nos.650 & 652 of 2023 **==> picture [31 x 8] intentionally omitted <==** learned Single Judge, who heard the matter, was of the view that in the light of the directions given in **Parshvanath Charitable Trust** ( _supra_ ), PCI cannot be directed to consider the applications for the academic year, 2022-23. 4. It is submitted at the Bar by the learned senior counsel for the appellants that they have already submitted applications for the academic year, 2023-24. The learned counsel for the PCI also admitted that they have received such applications. It is further submitted by the learned senior counsel for the appellants that the inspection carried out also would indicate that all the facilities are available in the institutions to run the pharmacy courses. 5. In the light of the _intra parte_ judgment of this Court in WP(C) Nos.38755/2022 and 38790/2022 and taking the view that 'consent WA Nos.650 & 652 of 2023 **==> picture [31 x 8] intentionally omitted <==** of affiliation' is not a mandatory requirement, there shall be a direction to the Pharmacy Council of India (PCI) to process the application without insisting on production of 'consent of affiliation' from the Examining Authority. Needful shall be done within the time frame referred to in **Parshvanath Charitable Trust** ( _supra_ ). It is open for the Pharmacy Council of India to decide as to whether a fresh inspection is required or to rely on earlier inspection report. The writ appeals stand disposed of as above. ## **Sd/-** ## **A. MUHAMED MUSTAQUE** ## **JUDGE** **Sd/-** ## **SHOBA ANNAMMA EAPEN** **JUDGE** bka/- WA Nos.650 & 652 of 2023 ..7.. ## **APPENDIX OF WA 650/2023** PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER BEARING REF.NO. PCI-3989/2019 DATED NIL ISSUED BY THE PHARMACY COUNCIL OF INDIA REJECTING THE APPLICATION FOR 2020-2021 AND 2021-2022 Annexure-II A TRUE COPY OF THE CIRCULAR DATED 16.03.2023 WITH REF. NO. 14-56/2022PCI (APPROVAL PROCESS 2023-2024 A.S)/18889-94 ISSUED BY THE PHARMACY COUNCIL OF INDIA. WA Nos.650 & 652 of 2023 ..8.. ## **APPENDIX OF WA 652/2023** PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER BEARING REF.NO. PCI-4055/2019 DATED NIL ISSUED BY THE PHARMACY COUNCIL OF INDIA Annexure-II A TRUE COPY OF THE CIRCULAR DATED 16.03.2023 WITH REF. NO. 14-56/2022PCI (APPROVAL PROCESS 2023-2024 A.S.)/18889-94 ISSUED BY THE PHARMACY COUNCIL OF INDIA