W.P.(C) Nos. 2985/2023, 2989/2023, 11867/2023 and 13263/2023, High Court of Kerala at Ernakulam

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945 ``` ``` W.P.(C) NO.2985OF 2023 ``` ``` PETITIONER: ``` ``` SIRAJUL HUDA EDUCATIONAL COMPLEX, KUTTIADI P.O., KOZHIKODE DISTRICT - 673 508, REPRESENTED BY ITS GENERAL SECRETARY, MR.ABDUL RAHMAN SAQAFI, AGED 63 YEARS, S/O.KUNHABDULLA HAJI, ARIYERI, PERODE, KOZHIKKODE DISTRICT, PIN – 673 508. ``` ``` BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANN MARIA FRANCIS ``` ## **`RESPONDENTS:`** ``` 1KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT – 680 596, REPRESENTED BY THE REGISTRAR. 2THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS' BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E-GHALIB MARG, POST BOX NO.7020, NEW DELHI - 110 002. REPRESENTED BY ITS REGISTRAR CUM SECRETARY. 3STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. BY ADVS P.SREEKUMAR S.MANU, DSGI – FOR R2 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).2989/2023, 11867/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945 ``` ``` W.P.(C) NO.2989OF 2023 ``` ## **`PETITIONER:`** ``` MA'DINUSSAQUAFATHIL ISLAMIYYA, ``` ``` SWALATH NAGAR, MELMURI, MALAPPURAM DISTRICT – 676 517, REPRESENTED BY ITS SECRETARY. MR. MUHAMMED PARY, S/O.AHAMMED PARY, AGED 66 YEARS, RESIDING AT PARY HOUSE, HAJIYAR PALLY POST, MALAPPURAM DISTRICT, PIN – 676 517 ``` ``` BY ADVS. NISHA GEORGE ANN MARIA FRANCIS GEORGE POONTHOTTAM (SR.) ``` ## **`RESPONDENTS:`** ``` 1KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT - 680596, REPRESENTED BY THE REGISTRAR. 2THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS' BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E-GHALIB MARG, POST BOX NO.7020, NEW DELHI - 110 002. REPRESENTED BY ITS REGISTRAR CUM SECRETARY. 3STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. BY ADVS. MANU S., DSG OF INDIA GOVERNMENT PLEADER, SRI.V.VENUGOPAL. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).2985/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945 ``` ``` W.P.(C) NO.11867 OF 2023 ``` ## **`PETITIONER:`** ``` MA'DINUSSAQUAFATHIL ISLAMIYYA, SWALATH NAGAR, MELMURI, MALAPPURAM DISTRICT - 676517, REPRESENTED BY ITS SECRETARY, MR. MUHAMMED PARY, S/O. AHAMMED PARY, AGED 66 YEARS, RESIDING AT PARY HOUSE, HAJIYAR PALLY POST, MALAPPURAM DISTRICT, PIN – 676 517. ``` ``` BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANN MARIA FRANCIS ``` ## **`RESPONDENTS:`** ``` 1THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS' BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E-GHALIBMARG, POST BOX NO.7020, NEW DELHI- 110 002, REPRESENTED BY ITS REGISTRAR CUM SECRETARY. 2KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT – 680 596, REPRESENTED BY THE REGISTRAR. 3STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 BY ADVS. S.MANU P.SREEKUMAR ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).2985/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI ``` ``` MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945 ``` ``` W.P.(C) NO.13263OF 2023 ``` ## **`PETITIONER:`** ``` SIRAJUL HUDA EDUCATIONAL COMPLEX, KUTTIADI P.O. - 673 508, KOZHIKODE DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY, MR. ABDUL RAHMAN SAQAFI, AGED 63 YEARS, S/O. KUNHABDULLA HAJI, ARIYERI, PERODE, KOZHIKKODE DISTRICT, PIN – 673 504 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANN MARIA FRANCIS ``` ## **`RESPONDENTS:`** ``` 1THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS' BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E-GHALIB MARG, POST BOX NO.7020, NEW DELHI- 110 002, REPRESENTED BY ITS REGISTRAR-CUM-SECRETARY. 2KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., THRISSUR DISTRICT – 680 596, REPRESENTED BY THE REGISTRAR. 3THE STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 BY ADVS. S.MANU P.SREEKUMAR ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).2985/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## JUDGMENT _(Dated: 31[st] July, 2023)_ The petitioners in W.P.(C)Nos.2985 of 2023 and 2989 have filed these writ petitions for issuing a writ of certiorari calling for records leading to ExtP12 and to quash the same to the extent of insisting NOC from the Government as provided in Annexure-3. The petitioners in W.P.(C)No.11867 of 2023 has filed this writ petition for quashing Exts.P8 and to quash the same to the extent of insisting on the consent of affiliation from the 2[nd] respondent and also for a declaration that the consent of affiliation from the examining authority and NOC is not a mandatory pre-requisite for approval to conduct B.Pharm Course. The petitioner in W.P.(C)No.13263 of 2023 has filed this writ petition for a declaration that the consent of affiliation from the examining authority and NOC from the 3[rd] respondent is not a mandatory pre-requisite for approval to conduct B.Pharm Course and to 6 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ quash Ext.P7. The question that comes up for consideration on this writ petition is whether the NOC, as well as the consent of affiliation from the State Government and the University is required for consideration of the application filed for starting a new pharmacy college to conduct B.Pharm Course, since the issue relates to a single question. 2. W.P.(C) No.2985 of 2023 is taken as a leading case, and the facts are narrated below: The petitioner a charitable trust run in the self-financing stream. Being desirous of imparting B.Pharm Course, the petitioner applied before the 2[nd] respondent for approval of the conduct of the B.Pharm Course. The 2[nd] respondent, on 09.12.2022 directed the petitioner to submit consent of affiliation from the examining authority and NOC from the 3[rd] respondent. The 1[st] respondent is the examining authority of the B.Pharm Course. Ext.P1 is the notification dated 22.08.2022 inviting applications for new institutions for obtaining provisional affiliation to UG courses listed in Appendix-I. B.Pharm is Item No.101 in Appendix- 7 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ I. Appendix-II of Ext.P1 prescribes a list of enclosers to be submitted along with the application for starting a new college. Serial number 1 is a letter of permission/essentiality certificate/NOC from the Government of Kerala wherever necessary. The petitioner, on the basis of AnnexureII, applied before the 3[rd] respondent for the issue of an Essentiality Certificate (for short EC), for starting a new pharmacy college as per Ext.P3 application. Since the delegation of power for starting a new institution/course has been delegated to the Principal of the Medical Colleges in five Zones, and the petitioners’ college comes within Zone-5, the petitioner applied before the Principal, Medical College, Kozhikode, for EC/NOC as per Ext.P6. A similar application was filed before the Director of Medical Education also. The 1[st] respondent University had fixed the cut-off date for submission of the application for provisional affiliation as 19.11.2022. Since there was a delay in disposing of the application, the petitioner approached this Court, and this Court, by judgment dated 02.11.2022 in W.P.(C)No.33901 of 2022, directed the 8 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ Government to take up the request and disposed of the same not later than 15.11.2022 as the cut-off date was 19.11.2022. The 1[st] respondent rejected the petitioner’s application on the grounds that the application was not accompanied by a valid NOC from the State Government, which is produced as Ext.P12. The petitioner challenges Ext.P12 stating it as illegal and arbitrary. 3. A statement has been filed by the standing counsel for the first respondent, in which it is stated that the 2[nd] respondent has framed the Bachelor of Pharmacy (B.Pharm Course Regulation 2014) to regulate the B.Pharm courses in the country. As per Regulation-9, a scheme has to be framed under Section 12 of the Pharmacy Act. Clause-3 of the said Regulation says about the mandatory documents to be submitted, it includes consent of affiliation from the University and NOC certificate from the State Government. The Central Council and Statutory Councils prescribe the minimum standards, and the universities make prescriptions for additional requirements. Consent of affiliation is 9 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ insisted upon before applying for the course to see that the minimum requirements fixed by the Central Council as well as the universities are available with the applicant institution. The consent of affiliation is a mandatory requirement and cannot be dispensed with. The consent of affiliation is an assurance given by the University that once permission is granted by the Central Council, the application for affiliation will be considered by the University. The applicants are bound to submit the NOC from the State Government for processing the application in view of the statutory prescriptions. They are also bound to obtain the consent of affiliation from the University and to submit the application before the 1[st] respondent along with the application. It is also conceded that in W.P.(C)No.15525 of 2018, this Hon’ble Court had considered the issue of grant of NOC and held that the prescription was bad and the provision insisting for NOC was struck down, but the Apex Court in _Pharmacy Council of India v. Rajeev College of Pharmacy (2022 AIR (SC) 4321)_ has held that, merely because an institution has a right to establish 10 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ an educational institution, does not mean such an application must be allowed. The Council has the authority to consider the needs of the locality, and therefore the insistence of NOC from the Government is mandatory. Hence, prayed that the writ petition be dismissed. As stated above, W.P.(C)No.2985 of 2023 and 2989 of 2023 are filed quashing the rejection of the application for non-submission of the NOC from the Government by the University, whereas, in W.P.(C)No.11867 of 2023 and 13263 of 2023, the challenge is regarding the rejection of the application by the Pharmacy Council of India for non-submission of NOC as well as the consent of affiliation from the university. 4. This Court in W.P.(C)No.15525 of 2018 and connected cases had gone deep into the issue as to whether NOC from the State Government is a pre-requisite for consideration of the application as stated in the scheme framed under Regulation 9.2 of the B.Pharm Course Regulation 2014, which insisted for NOC and consent of affiliation. After elaborately considering the various provisions of the 11 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ Pharmacy Act as well as the B.Pharm Course Regulation 2014, this Court held as follows: _“21. Prior approval of the Pharmacy Council of India is required to offer a B.Pharm programme, however, the grant of approval cannot be depended upon NOC to be issued by the Government. The stipulation of NOC in the scheme will have to be set aside._ _22. Therefore, the stipulation in the scheme framed under Regulation 9.2 of B.Pharm Course Regulations, 2014 to the extent insisting to obtain NOC from the State Government is set aside”._ In view of the categoric finding that a grant of approval cannot depend upon the NOC and since the stipulation in B.Pharm Course Regulation 2014 is set aside in W.P ( C ) No 15525 of 2018 the stipulation cannot be said to be in force as of today. It is also brought to the notice of this Court that the said judgment has become final. Therefore, I have no hesitation in accepting the findings rendered by this Court in W.P.(C)No.15525 of 2018. Therefore, the petitioners in these writ petitions are entitled to succeed, and Ext.P12 in W.P.(C)No.2985 of 2023 and 2989 of 2023 are quashed. As far as W.P.(C)Nos.11867 of 2023 and 12 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ 13263 of 2023 are concerned, Exts.P8 and P7 stand quashed. Therefore, all the writ petitions are allowed, and it is declared that NOC from the State Government is not required as a pre-requisite for approval of the B.Pharm Course. Writ Petitions are allowed as indicated above. _Sd/-_ BASANT BALAJI, JUDGE ss 13 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`APPENDIX OF WP(C) 2985/2023`** ``` PETITIONER EXHIBITS: ``` ``` Exhibit-P1 ``` ``` Exhibit-P2 ``` ``` TRUE COPY OF THE NOTIFICATION BEING U.O. NO.25494/2019/ACAD/GENERAL/KUHS DATED 22.08.2022 ISSUED BY THE 1ST RESPONDENT UNIVERSITY ``` ``` TRUE COPY OF THE NOTIFICATION NO. 25494/2019/AC1/GEN.A2/KUHS DATED 03.01.2023 ISSUED BY THE 1ST RESPONDENT UNIVERSITY ``` ``` Exhibit-P3TRUE COPY OF THE APPLICATION NO.A/187/2022 DATED 28.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. Exhibit-P4TRUE COPY OF THE GOVERNMENT ORDER BEING G.O (MS) NO. 505/2010/H&FWD DATED 28.07.2010. Exhibit-P5TRUE COPY OF THE GOVERNMENT ORDER BEING ORDER NO.GO(MS) NO.109/2011/H&FWD DATED 21.02.2011. Exhibit-P6TRUE COPY OF THE APPLICATION NO. A/187/2022 DATED 29.09.2022 WITH ENCLOSURES SUBMITTED BY THE PETITIONER. Exhibit-P7TRUE COPY OF THE APPLICATION NO. A/187/2022 DATED 05.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF MEDICAL EDUCATION. Exhibit-P8TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 33901 OF 2022 AND CONNECTED CASE DATED 02.11.2022 PASSED BY THIS HON'BLE COURT. Exhibit-P9TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE UNIVERSITY RECEIVED THROUGH E-MAIL ON SUCCESSFUL UPLOADING OF THE APPLICATION DATED NIL . Exhibit-P10TRUE COPY OF THE REPRESENTATION NO.A/187/2022 DATED 09.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY. Exhibit-P11TRUE COPY OF THE GOVERNMENT ORDER BEING G.O.(RT) NO.2723/2022/H&FWD DATED 14.11.2022. Exhibit-P12TRUE COPY OF THE ORDER ISSUED THROUGH E-MAIL BY THE 1ST RESPONDENT UNIVERSITY REJECTING THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL. Exhibit-P13TRUE COPY OF THE REPRESENTATION NO. A/187/2022 DATED 18.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. Exhibit-P14TRUE COPY OF THE COMMUNICATION/ORDER NO. K2/253/2022/H&FWD DATED 01.12.2022 ISSUED BY THE GOVERNMENT TO THE DIRECTOR OF MEDICAL EDUCATION. Exhibit-P15TRUE COPY OF THE INTERIM ORDER DATED 16.01.2023 IN W.P(C) NO.1480 OF 2023 PASSED BY THIS HON'BLE COURT. Exhibit P16A TRUE COPY OF THE E-MAIL COMMUNICATION DATED NIL ISSUED BY THE 1ST RESPONDENT UNIVERSITY TO THE PETITIONER ``` 14 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`APPENDIX OF WP(C) 2989/2023`** ``` PETITIONER EXHIBITS: ``` ``` Exhibit-P1 ``` ``` Exhibit-P2 ``` ``` A TRUE COPY OF THE NOTIFICATION BEING U.O. NO.25494/2019/ACAD/GENERAL/KUHS DATED 22.08.2022 ISSUED BY THE 1ST RESPONDENT UNIVERSITY COPY OF THE NOTIFICATION NO.25494/2019/AC1/GEN.A2/KUHS DATED 03.01.2023 ISSUED BY THE 1ST RESPONDENT UNIVERSITY EXTENDING THE PERIOD UPTO 16.01.2023 ``` ``` Exhibit-P3A TRUE COPY OF THE APPLICATION NO.MPTC/377/2022 DATED 28.09.2022 SUBMITTED BY THE PETITIONER Exhibit-P4A TRUE COPY OF THE GOVERNMENT ORDER BEING G.O (MS) NO. 505/2010/H&FWD DATED 28.07.2010 Exhibit-P5A TRUE COPY OF THE GOVERNMENT ORDER BEING ORDER NO. GO (MS) NO.109/2011/H&FWD DATED 21.02.2011 Exhibit-P6A TRUE COPY OF THE APPLICATION DATED 29.09.2022 SUBMITTED BY THE PETITIONER WITH A DEMAND DRAFT OF RS. 50,000/- ENCLOSED ALONG WITH THE APPLICATION ``` ``` A TRUE COPY OF THE APPLICATION NO. MPTC/C/377/2022 DATED 05.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF MEDICAL EDUCATION A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 33901 OF 2022 AND CONNECTED CASE DATED 02.11.2022 PASSED BY THIS HON'BLE COURT ``` ``` Exhibit-P7 ``` ``` Exhibit-P8 ``` ``` Exhibit-P9A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 1ST RESPONDENT UNIVERSITY RECEIVED ON SUCCESSFUL UPLOADING OF THE APPLICATION DATED NIL Exhibit-P10A TRUE COPY OF THE REPRESENTATION NO. MPTC/C/377/2022 DATED 09.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT Exhibit-P11A TRUE COPY OF THE GOVERNMENT ORDER BEING G.O.(RT) NO.2723/2022/H&FWD DATED 14.11.2022 ``` ``` Exhibit-P11 Exhibit-P12 ``` ``` Exhibit-P12A TRUE COPY OF THE ORDER SENT THROUGH E-MAIL DATED 19.11.2022 REJECTING THE APPLICATION SUBMITTED BY THE PETITIONER Exhibit-P13A TRUE COPY OF THE REPRESENTATION NO.C/377/2022 DATED 18.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT Exhibit-P14A TRUE COPY OF THE COMMUNICATION/ORDER NO. K2/253/2022/H&FWD DATED 01.12.2022 ISSUED BY THE GOVERNMENT TO THE DIRECTOR OF MEDICAL EDUCATION Exhibit-P15A TRUE COPY OF THE INTERIM ORDER DATED 16.01.2023 IN W.P(C) NO.1480 OF 2023 PASSED BY THIS HON'BLE COURT Exhibit P16A TRUE COPY OF THE E-MAIL COMMUNICATION DATED 21.06.2023 ISSUED BY THE 2ND RESPONDENT UNIVERSITY TO THE PETITIONER ``` 15 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`APPENDIX OF WP(C) 11867/2023`** ``` PETITIONER EXHIBITS: ``` ``` Exhibit-P1A TRUE COPY OF THE RECEIPT DATED 03.09.2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P2A TRUE COPY OF THE NOTIFICATION IN THE ONLINE DASHBOARD OF THE 1ST RESPONDENT DATED 09.12.2022 Exhibit-P3A TRUE COPY OF THE NOTARISED AFFIDAVIT DATED 12.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH VERIFICATION ON 09.12.2022 Exhibit-P4A TRUE COPY OF THE ORDER IN THE DASHBOARD OF THE 1ST RESPONDENT DATED 13.12.2022 Exhibit-P5A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER ALONG WITH AFFIDAVIT DATED 20.12.2022. Exhibit-P6A TRUE COPY OF THE CIRCULAR BEARING REF.NO. 14.56/2022- PCI (APPEAL PROCESS FOR 2022-2023 AS)/16745 DATED 17.01.2023 ISSUED BY THE 1ST RESPONDENT Exhibit-P7A TRUE COPY OF THE EMAIL COMMUNICATION DATED 20.03.2023 SEND BY THE PETITIONER TO THE 1ST RESPONDENT WITHOUT ENCLOSURE Exhibit-P8A TRUE COPY OF THE EMAIL COMMUNICATION DATED 22.03.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit-P9TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN MISCELLANEOUS APPLICATION NO.2174 OF 2022 IN C.A. NO. 9048 OF 2012 DATED 16.12.2022 Exhibit-P10A TRUE COPY OF THE SCHEME FRAMED UNDER REGULATION 9 OF THE BACHELOR OF PHARMACY (B.PHARM) COURSE REGULATIONS, 2014 DATED NIL. ``` 16 _W.P.(C) Nos.2985, 2989, 11867 & 13263 of 2023_ ## **`APPENDIX OF WP(C) 13263/2023`** ``` PETITIONER EXHIBITS: ``` ``` Exhibit-P1A TRUE COPY OF THE RECEIPT DATED 05.09.2022 ISSUED BY THE PHARMACY COUNCIL OF INDIA Exhibit-P2A TRUE COPY OF THE NOTIFICATION IN THE ONLINE DASHBOARD OF THE PHARMACY COUNCIL OF INDIA DATED 09.12.2022. Exhibit-P3A TRUE COPY OF THE NOTARISED AFFIDAVIT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 09.12.2022 BY THE PETITIONER. Exhibit-P4A TRUE COPY OF THE ORDER DATED 13.12.2022 IN THE DASHBOARD OF THE PHARMACY COUNCIL OF INDIA. Exhibit-P5A TRUE COPY OF THE CIRCULAR BEARING REF.NO.14-56/2022- PCI(APPEAL PROCESS FOR 2022-2023 AS)/16745 DATED 17.01.2023 ISSUED BY THE PHARMACY COUNCIL OF INDIA Exhibit-P6A TRUE COPY OF THE EMAIL COMMUNICATION DATED 20.03.2023 SENT FROM THE PETITIONER'S TRUST TO THE 1ST RESPONDENT Exhibit-P7A TRUE COPY OF THE COMMUNICATION SENT TO THE PETITIONER'S TRUST THROUGH E-MAIL DATED 22.03.2023 BY THE 1ST RESPONDENT Exhibit-P8TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN MISC. APPLICATION NO. 2174 OF 2022 IN C.A. NO. 9048 OF 2021 DATED 16.12.2022 Exhibit-P9A TRUE COPY OF THE SCHEME FRAMED UNDER REGULATION 9 OF THE BACHELOR OF PHARMACY (B. PHARM) COURSE REGULATIONS, 2014 DATED NIL. ``` ``` RESPONDENT EXHIBITS: Exhibit R1(b)True copy of the Pharmacy Council of India email letter dated 08.12.2022 Exhibit R1(a)True copy of the Pharmacy Council of India circular dated 21.06.2022 Exhibit R1(c)True copy of B.Pharm Course Regulation 2014 ```