W.P.(C) Nos.15525/2018 & conn. cases (Consolidated petitions including Westfort Higher Education Trust, Vivekananda Educational Trust, Noorul Islam Trust, Lisie Medical and Educational Institutions)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** ## **WP(C).No.15525 of 2018** ## **PETITIONER:** **WESTFORT HIGHER EDUCATION TRUST, POTTORE, M.G. KAVU P.O., THRISSUR-680 581,REPRESENTED BY ITS MANAGING TRUSTREE AND CHAIRMAN SRI.K.M. MOHANDAS, AGED 67 YEARS.** **BY ADVS. SRI.K.P.DANDAPANI (SENIOR.) SRI.MILLU DANDAPANI** ## **RESPONDENTS:** |**ENTS**<br>**:**|| |---|---| |**1**|**STATE OF KERALA,**| ||**REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO**| ||**GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**PHARMACY COUNCIL OF INDIA**| ||**COMBINED COUNCIL'S BUILDING,TEMPLE LANE, KOTLA ROAD,**| ||**AIWAN-E-GHAIB MARG,POST BOX NO.7020, DELHI - 110 002.**| |**3**|**ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,**| ||**NELSON MANDELA MARG, VASANTKUNJ,NEW DELHI - 110 070,**| ||**REPRESENTED BY ITS MEMBER SECRETARY.**| |**4**|**KERALA UNIVERSITY OF HEALTH SCIENCES,**| ||**MEDICAL COLLEGE P.O., THRISSUR-680 596, REPRESENTED**| ||**BY ITS REGISTRAR.**| |**ADDL.**|<br>**COMMISSIONER OF ENTRANCE EXAMINATION,**| |**R5**|**OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATION,**| ||**GOVERNMENT OF KERALA, 5TH FLOOR, HOUSING BOARD**| ||**BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001.**| **ADL. R5 IS IMPLEADED AS PER ORDER DATED 26.7.2018 IN IA.13553/2018. BY ADVS. SMT.O.M.SHALINA, CGC** **W.P.(C) Nos.15525/2018 & conn. cases** **2** **SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE** ## **OTHER PRESENT:** **SRI.MA ASIF, SPECIAL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)No.17685 of 2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** ## **WP(C).No. 17685 of 2018** ## **PETITIONER:** **VIVEKANANDA EDUCATIONAL TRUST REPRESENTED BY ITS CHAIRMAN,CHENAPPADY P.O., ERUMELY,KOTTAYAM DISTRICT - 686 520.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SENIOR.) SRI.ALEX GEORGE (CHAMAPPARAYIL) SRI.THOMAS GEORGE SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., THRISSUR - 680 596, REPRESENTED BY ITS REGISTRAR.** - **2 VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE P.O., THRISSUR - 680 596.** - **ADDL. PHARMACY COUNCIL OF INDIA, R3 COMBINED COUNCILS BUILDING, TEMPLE LANE, KOTLA ROAD AIWAN-E-GHALIB MARG, POST BOX NO.7020, DELHI-110002.** ||**ADDL. R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED**| |---|---| ||**12.6.2018 IN WPC.**| |**ADDL.**|<br>**STATE OF KERALA,**| |**R4**|**REPRESENTED BY THE ADDL. CHIEF SECRETARY TO**| ||**GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.**| ||**ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED**| ||**13.6.2018 IN WPC.**| ||**BY ADVS.**| **W.P.(C) Nos.15525/2018 & conn. cases** **4** **SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SMT.O.M.SHALINA, CGC SRI.M.A.ASIF, SPECIAL GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C) No.15525 OF 2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** **W.P(C).No.18063 of 2018** ## **PETITIONER:** **NOORUL ISLAM TRUST REPRESENTED BY ITS CHAIRMAN, AL -AZAR CAMPUS, PERUMPILLYCHIRA P.O, THODUPUZHA.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SENIOR) SRI.ALEX GEORGE (CHAMAPPARAYIL) SRI.P.M.SANEER SRI.THOMAS GEORGE SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** **1 THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O, THRISSUR-680 596, REPRESENTED BY ITS REGISTRAR 2 VICE CHANCELLOR, THE KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL COLLEGE PO, THRISSUR - 680596.** **ADDL. PHARMACY COUNCIL OF INDIA, R3 COMBINED COUNCILS BUILDING, TEMPLE LANE, KOTLA ROAD DIWAN-E-GHALIB MARG, POST BOX NO.7020, DELHI-110 002.** **ADDL. R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 12.6.2018 IN WPC.** |**ADDL.**|<br>**STATE OF KERALA,**| |---|---| |**R4**|**REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO**| ||**GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.**| ||**ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED**| ||**13.6.2018 IN WPC.**| **W.P.(C) Nos.15525/2018 & conn. cases** **6** **5 ADDL.R5.THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD, SANTHI NAGAR, THIRUVANANTHAPURAM695001.** **ADDL. R5 IS IMPLEADED AS PER ORDER DATED 08.02.2019 IN IA.13344/2018.** **BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE ASGI SMT.O.M.SHALINA, CGC SRI.M.A.ASIF, SPECIAL GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)No.15525/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** ## **WP(C).No.26564 of 2018** ## **PETITIONER:** **WESTFORT HIGHER EDUCATION TRUST, POTTORE M.G KAVU P.O, THRISSUR - 680 581, REPRESENTED BY ITS MANAGING TRUSTEE AND CHAIRMAN K.M MOHANDAS, AGED 67 YEARS.** **BY ADVS.** **SRI.K.P.DANDAPANI (SENIOR.) SRI.MILLU DANDAPANI** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 PHARMACY COUNCIL OF INDIA COMBINED COUNCIL'S BUILDING, TEMPLE LANE, KOTLA ROAD, AIWAN-E-GHALIB MARG, POST BOX NO.7020, DELHI - 110 002.** - **3 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG, VASANTKUNJ, NEW DELHI - 110 070,REPRESENTED BY ITS MEMBER SECRETARY.** |**4**|**KERALA UNIVERSITY OF HEALTH SCIENCES**| |---|---| ||**MEDICAL COLLEGE P.O, THRISSUR - 680 596,**| ||**REPRESENTED BY ITS REGISTRAR.**| |**5**|**COMMISSIONER FOR ENTRANCE EXAMINATION**| ||**OFFICE OF THE COMMISSIONER OF ENTRANCE EXAM,**| ||**GOVT. OF KERALA, 5TH FLOOR, HOUSING BOARD**| ||**BUILDING,SANTHI NAGAR,**| ||**THIRUVANANTHAPURAM - 695 001.**| **W.P.(C) Nos.15525/2018 & conn. cases** **8** **BY ADVS. SMT.O.M.SHALINA, CGC SRI.JAYKAR.K.S. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.G.BALU SRI.M.A.ASIF, SPECIAL GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)15525/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **9** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** ## **WP(C).No.26571 of 2018** ## **PETITIONER:** **VIVEKANANDA EDUCATIONAL TRUST. REP. BY ITS CHAIRMAN, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT.** **BY ADVS.** **SRI.KURIAN GEORGE KANNANTHANAM (SENIOR.) SRI.ALEX GEORGE (CHAMAPPARAYIL) SRI.THOMAS GEORGE SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** |**1**|**UNION OF INDIA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF HEALTH & FAMILY WELFARE DEPARTMENT,**| ||**NIRMAN BHAVAN, NEW DELHI - 110011.**| |**2**|**THE PHARMACY COUNCIL OF INDIA**| ||**REP. BY ITS SECRETARY, COMBINED COUNCILS BUILDING,**| ||**TEMPLE LANE, KOTLA, P.B. NO.7020, DELHI - 110002.**| |**3**|**THE KERALA UNIVERSITY OF HEALTH SCIENCE**| ||**REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,**| ||**TRICHUR - 680596.**| |**4**|**THE VICE CHANCELLOR**| ||**KERALA UNIVERSITY OF HEALTH SCIENCE,**| ||**MEDICAL COLLEGE P.O.,TRICHUR - 680596.**| ||**BY ADVS.**| ||**SMT.O.M.SHALINA, CGC**| ||**SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED**| ||**SCIENCE**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C).15525/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **10** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** **WP(C).No.27721 of 2018** **PETITIONER:** **NOORUL ISLAM TRUST REPRESENTED BY ITS CHAIRMAN, AL-AZAR CAMPUS, PERUMPILLYCHIRA P O, THODUPUZHA** **BY ADVS. SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** |**1**|**UNION OF INDIA,**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT,**| ||**NIRMAN BHAVAN, NEW DELHI-110 011.**| |**2**|**THE PHARMACY COUNCIL OF INDIA,**| ||**REP. BY ITS SECRETARY,**| ||**COMBINED COUNCILS BUILDING,**| ||**TEMPLE LANE, KOTLA, P.B.NO.7020, DELHI-110002.**| |**3**|**THE KERALA UNIVERSITY OF HEALTH SCIENCE,**| ||**REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,**| ||**TRICHUR-680596.**| |**4**|**THE VICE CHANCELLOR,**| ||**KERALA UNIVERSITY OF HEALTH SCIENCE, MEDICAL**| ||**COLLEGE P.O., TRICHUR-680596.**| ||**BY ADVS.**| ||**SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED**| ||**SCIENCE**| ||**SRI.P.VIJAYAKUMAR, ASG OF INDIA**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)No.15525/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.15525/2018 & conn. cases** **11** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY, THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** **WP(C).No.30506 of 2018** ## **PETITIONER:** **THE CHIEF EXECUTIVE TRUSTEE LISIE MEDICAL AND EDUCATIONAL INSTITUTIONS, KOCHI - 682 018** **BY ADVS. SRI.TONY GEORGE KANNANTHANAM SRI.ALEX GEORGE SRI.THOMAS GEORGE** ## **RESPONDENTS:** |**1**|**THE KERALA UNIVERSITY OF HEALTH SCIENCE,**| |---|---| ||**REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O,**| ||**TRICHUR 680 596**| |**2**|**THE VICE CHANCELLOR,**| ||**KERALA UNIVERSITY OF HEALTH SCIENCE,**| ||**MEDICAL COLLEGE P.O, TRICHUR-680596.**| |**3**|**PHARMACY COUNCIL OF INDIA,**| ||**REP.BY ITS SECRETARY, COMBINED COUNCIL'S BUILDING,**| ||**TEMPLE LANE, KOTLA, DELHI-110002.**| |**4**|**UNION OF INDIA,**| ||**REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT**| ||**OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN,**| ||**N.DELHI-110011.**| ||**BY ADVS.**| ||**SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED**| ||**SCIENCE**| ||**SMT.O.M.SHALINA, CGC**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, ALONG WITH WP(C)No.15525/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **A. MUHAMED MUSTAQUE, J.** ---------------------------------------------------- W.P. (C) Nos.15525, 17685, 18063, 26564, 26571, 27721 & 30506 of 2018 ---------------------------------------------------Dated this the 8[th] day of February, 2019 ## **J U D G M E N T** In India, pharmacy education is regulated by two statutes vis-a-vis The Pharmacy Act, 1948 and The All India Council for Technical Education Act , 1987. Both are Central Acts. In neither of the enactments, provisions in regard to prior approval to conduct Pharmacy course have been made. By virtue of the power under Section 10 of the Pharmacy Act in regard to education regulations, provisions have been made for prior approval for the courses imparting pharmacy education. This stipulation is the crux of issue in all these writ petitions. 2. Except the petitioner in W.P.(C) No.30506 of 2018, all other petitioners have obtained approval from the Pharmacy Council of India to conduct B.Pharm course. However, approval was made subject to obtaining No Objection **W.P.(C) Nos.15525/2018 & conn. cases** **13** Certificate (NOC) from the State Government. The petitioners, therefore, challenge the stipulation as to the NOC as well. 3. All the petitioners have obtained permission from the AICTE to establish Pharmacy College. The petitioners have approached this Court as the University refused to grant affiliation to the course for want of NOC from the State Government. By an interim order passed by this Court, this Court directed the University to grant affiliation to all the colleges and also to admit students. 4. There are two questions involved in these writ petitions. The first question is in regard to prior approval and the other is in regard to NOC from the State Government. The question of prior approval arises in the context of challenge made by the petitioner in W.P.(C) No.30506 of 2018. 5. Before proceeding to consider the point in regard to prior approval, it is necessary to have an idea about the Pharmacy Act, 1948 and the All India Council for Technical Education Act, 1987. 6. The Pharmacy Act was enacted in the year 1948. It appears that there were no regulations in place prior to the above enactment to regulate the practice, education and **W.P.(C) Nos.15525/2018 & conn. cases** **14** profession of Pharmacy. It seems that the profession of pharmacy during the British period was unorganised and no legal restriction was placed on the practice of Pharmacy. As seen from the preamble of the Act, the enactment was made to regulate the profession of pharmacy. It constituted a body called 'Pharmacy Council of India'. It is responsible for controlling and registering pharmacists. It has given power to fix the standards of educational qualification for practicing pharmacy. If the Act is read as a whole, it can be seen that the main aim of the Act is to regulate the profession of Pharmacy and to prescribe the educational standards for pharmacy practice. The Act does not speak about establishment of institutions or colleges for the purpose of imparting pharmacy education. It only speaks about course of study for offering pharmacy programmes and also about approving examination to qualify as pharmacists. 7. All India Council for Technical Education (AICTE) Act, 1987 is another enactment for proper planning and co-ordinating the development of technical education system. The technical education would also include pharmacy as well. The Council under the Act has the power for development of **W.P.(C) Nos.15525/2018 & conn. cases** **15** technical education in India. On implementation of the AICTE Act, to establish a technical education, approval is necessary from the Council. By virtue of power under the AICTE Act, AICTE Council framed regulation prescribing norms of approving institutions including for Pharmacy Colleges. AICTE also have power to lay down norms and standards for course, curriculum etc. Parties have no case that AICTE have framed regulation prescribing norms and standards of education in pharmacy. On a harmonious reading of the Pharmacy Act and the AICTE Act, what is discernible is that the Pharmacy Council of India continues to be supreme authority in regard to pharmacy education in India and AICTE is the authority for establishment of technical education in India. ## 8. Section 10 of the Pharmacy Act provides as follows: “10. Education Regulations.-(1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist. (2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe- **W.P.(C) Nos.15525/2018 & conn. cases** **16** - (a) the nature and period of study and practical training to be undertaken before admission to an examination; - (b) the equipment and facilities to be provided for students undergoing approved courses of study; - (c) the subjects of examination and the standards therein to be attained; - (d) any other conditions of admission to examinations. (3) Copies of the draft of the Education Regulations and of all subsequent amendments thereof shall be furnished by the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approval under sub-section (1) take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid. (4) The Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct. (5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit”. **W.P.(C) Nos.15525/2018 & conn. cases** **17** 9. Section 10(1) would show that education regulations are for the purpose of prescribing the minimum standard of education required for qualification as a pharmacist. 10. Section 12 stipulates as follows: “12. Approved courses of study and examinations.-(1) Any authority in a State which conducts a course of study for pharmacists may apply to the Central Council for approval of the course, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. (2) Any authority in a State which holds an examination in pharmacy may apply to the Central Council for approval of the examination, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said examination is in conformity with the Education Regulations, shall declare the said examination to be an approved examination for the purpose of qualifying for registration as a pharmacist under this Act. (3) Every authority in the States which conducts an approved course of study or holds an approved examination shall furnish such information as the Central Council may, from time to time, require as to the courses of study and training and examination to **W.P.(C) Nos.15525/2018 & conn. cases** **18** be undergone, as to the ages at which such courses of study and examination are required to be undergone and generally as to the requisites for such courses of study and examination”. Section 12(1) refers for approval for the purpose of admission to approved examination for pharmacists. 11. Learned Senior Counsel Sri.George Kannanthanam argued that on a combined reading of Sections 10 and 12 of the Pharmacy Act, it would reflect that approval is required only for the purpose of examination to register as pharmacist and not otherwise. Therefore, it was submitted that education regulations framed by the Pharmacy Council of India invoking the power under Section 10 of the Act to the extent stipulating that the Pharmacy College shall furnish information as to the course of study and the training and examination to be undergone under Section 12 to start B.Pharm programme is illegal. 12. The petitioners are offering B.Pharm courses. This programme is regulated by B.Pharm Course Regulations, 2014 issued by the Pharmacy Council of India. Section 9(1) of the said regulation insists that prior approval of the Pharmacy Council shall be obtained for offering such programme. **W.P.(C) Nos.15525/2018 & conn. cases** **19** 13. It is relevant to refer the stipulation of Regulation 9(1) of the Bachelor of Pharmacy (B.Pharm) Course Regulations, 2014. - “9. Approval of the authority conducting the course of study.- 1. No person, institution, society, trust or university shall start and conduct B.Pharm programme without the prior approval of the Pharmacy Council of India”. 14. Admittedly, the petitioners are conducting B.Pharm programme. They have no case that they have autonomy to devise curriculum or syllabus for B.Pharm programme. They also have no case that this B.Pharm programme is offered by the University as an academic programme de hors approval of the Pharmacy Council of India. In that background, the petitioners' argument will have to be considered. 15. The Regulations under Section 10 of the Pharmacy Act will have to be understood with reference to the power given to the Pharmacy Council of India. Section 10(1) refers to prescription of minimum standard of education required for qualification as a pharmacist. If it is read in the light of Section 12, it would show that such approval would be **W.P.(C) Nos.15525/2018 & conn. cases** **20** required for the purpose of admission to an approved examination for pharmacists. The approval referred in Section 12 is relatable to the examination to qualify as pharmacists. As rightly pointed out by the learned Central Government Counsel, Section 10 has two parts. Section 10(1) is related to approval of examination to qualify as pharmacists and the other part; Section 10(2) confers general power to the Council to prescribe education regulations. In India, pharmacy courses are offered at different levels. The courses related to qualify as pharmacists is one among them. The power under Section 10(2) would clearly indicate the fact that the Council is having wide and sweeping power to regulate the pharmacy education in India. That means, for conducting any course of study in pharmacy, it has the power to regulate. That power cannot be confined for approving the courses of study for the purpose of approved examination for pharmacists alone. If the general power is conferred to regulate any course of study in pharmacy, the Council is competent to make regulations. Therefore, no course of study can be offered in pharmacy without permission from the Pharmacy Council, if such permission is insisted under the education regulations. **W.P.(C) Nos.15525/2018 & conn. cases** **21** 16. As already adverted, none of the petitioners have a case that B.Pharm programme offered by them have been devised as an academic programme by the University. Therefore, the petitioners can offer the programme only in accordance with the education regulations framed by the Pharmacy Council of India. 17. Learned Senior Counsel Sri.George Kannanthanam placed reliance on the judgments in _**Gandhi College of Pharmacy, G.T Road, Karnal** vs._ **All India Council of Technical Education, New Delhi and others** (Civil Writ Petition No.2055 of 1994 dated 12.05.1995) and in _**A. Mahesh and Ors.** vs._ _**K.K. College of Pharmacy and Ors.**_ (W.P Nos.4248 of 2011 and connected cases dated 10.04.2002) and argued that on constitution of AICTE, permission from the Pharmacy Council is not necessary. In _Gandhi College of Pharmacy's case_ (supra), the Punjab and Haryana High Court considered the issue of reduction of seats by the AICTE. The High Court referred to the power of Pharmacy Council of India as well as the AICTE under both the enactments and observed that both are parallel enactments relating to co-ordination and determination of standards in **W.P.(C) Nos.15525/2018 & conn. cases** **22** colleges, and took the view that AICTE would govern the grant of approval to new technical institutions. Similar view was also taken by the Madras High Court in _Mahesh's case_ (supra). 18. I am unable to accept the above argument. AICTE enactment is a general enactment. Pharmacy Act is a special enactment. So long as the special enactment remain in force, general enactment, which came subsequently, would not have an impact upon such special enactment unless specific power under general enactment is exercised to regulate education in pharmacy. It is also to be noted that AICTE Council includes members representing Pharmacy Council of India nominated by Central Government. It is also to be noted that every regulation made by the AICTE under the AICTE Act has to be laid before each of House of Parliament (See Section 24). Therefore, it is clear when AICTE makes regulation particularly covering pharmacy course of study, it will override any regulation framed by Pharmacy Council of India, if such regulation became effective as per AICTE Act. In the absence of any regulation in regard to pharmacy course by AICTE, education regulations framed by Pharmacy Council of India will hold the field. **W.P.(C) Nos.15525/2018 & conn. cases** **23** 19. The next point to be considered is the validity of stipulation of No Objection Certificate from the State Government in the scheme framed under regulation 9.2 of B.Pharm Course Regulations, 2014. In the scheme, it is stipulated as follows: - “3. NOC/approval of the State Govt. for starting B.Pharm course for the session applied for by the institution. - a) This document shall be submitted by the institution as soon as possible but without fail before making admissions. - b) In case institution is not able to submit NOC/approval of the State Govt. at the time for applying to the Council with SIF, the institution shall submit duly notarized affidavit on court paper to the effect that - - institution will without fail obtain and submit NOC/approval of the State Govt. to the PCI before making admissions. - in case the institution fails to submit the NOC/approval of the State Govt. before making admissions and comply with the prescribed norms, the approval of the PCI if granted shall be deemed to be withdrawn”. **W.P.(C) Nos.15525/2018 & conn. cases** **24** 20. The power given to the Pharmacy Council under Section 10 is only in regard to the standard of education. That means, to approve the course of study and also to approve the examination for qualification for registration as a pharmacist. Therefore, it cannot make any scheme not relatable to the power given under Section 10. When a condition is stipulated and it has no nexus with the object for which the power is given, that condition becomes arbitrary. The State has no role as far as for prescribing standards for education for Pharmacy Council of India. Absolutely, no reasons have been stated in the counter affidavit justifying the stipulation of No Objection Certificate. 21. Prior approval of the Pharmacy Council of India is required to offer a B.Pharm programme. However, the grant of approval cannot be depend 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 No Objection Certificate from the State Government is set aside. **W.P.(C) Nos.15525/2018 & conn. cases** **25** Having considered the nature of issues involved, I am of the view that the petitioner in W.P.(C) No.30506 of 2018 should be given an opportunity to apply for approval for the academic year 2018-2019. It is because of the reason that this vexed issue in regard to obtaining approval has not been settled by any judicial precedents. Therefore, the students admitted by the petitioner in W.P.(C) No.30506 of 2018 for the B.Pharm course should be permitted to appear for the examination subject to approval to be granted by the Pharmacy Council of India for the academic year 2018-19. The University shall regularise the affiliation and admission of all other petitioners. These writ petitions are disposed of as above. Sd/- **A. MUHAMED MUSTAQUE JUDGE** smp **W.P.(C) Nos.15525/2018 & conn. cases** **26** ## **APPENDIX OF WP(C)15525/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT-P1 TRUE COPY OF THE APPLICATION FOR AFFILIATION BEARING NO. PAS/2018/83 DATED 25/01/2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT UNIVERSITY EXHIBIT-P2 TRUE COPY OF THE APPLICATION DATED 09/03/2018 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT-P3 TRUE COPY OF THE MINUTES OF THE 289TH EXECUTIVE COMMITTEE MEETING HELD ON 09/04/2018 ALONG WITH THE COVERING LETTER DATEE 20/04/2018 EXHIBIT-P4 TRUE COPY OF THE LETTER OF APPROVAL (LOA) DATED 30/04/2018 ISSUED BY THE 3RD RESPONDENT FOR CONDUCTING PHARMACY COURSE EXHIBIT-P5 TRUE COPY OF THE G.O(MS) NO. 178/2016/H.EDN. DATED 22/08/2016 EXHIBIT-P6 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 10/12/2014 IN WHICH THE BACHELOR OF PHARMACY (B. PHARM) COURSE REGULATIONS, 2014 EXHIBIT P7 TRUE COPY OF THE REQUEST FOR AFFILIATION DATED 30.8.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REMINDER REQUEST DATED 7.12.2017 FOR ISSUING NOC FOR STARTING B.PHARM COURSE FOR THE YEAR 2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENT'S EXHIBITS: ANNEXURE R2(a)** TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE 289TH EXECUTIVE COMMITTEE MEETING OF PCI ON 9.4.2018. **ANNEXURE R2(b)** TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DATED 12.3.2018. True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **27** ## **APPENDIX OF WP(C) 17685/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1.** **TRUE COPY OF THE LETTER DATED 30.04.2018 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.** **EXHIBIT P2. TRUE COPY OF THE NOTIFICATION DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT WITH APPENDIX-A.** **EXHIBIT P3. TRUE COPY OF THE NOTIFICATION DATED 22.09.2016 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P4. TRUE COPY OF THE APPLICATION DATED 25.01.2018 FOR STARTING A NEW COLLEGE/COURSE.** **EXHIBIT P5. TRUE COPY OF THE COVERING LETTER DATED 31.01.2018 FROM THE PETITIONER.** - **EXHIBIT P6. TRUE COPY OF THE COVERING LETTER DATED 07.05.2018 TO THE 1ST RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE ORDER DATED 31.7.2018 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE CIRCULAR DATED 24.7.2018 ISSUED BY THE 1ST RESPONDENT.** ## **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R3(a) TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF 103RD MEETING OF THE CENTRAL COUNCIL OF PHARMACY HELD ON 23/24.3.2018.** **ANNEXURE R3(b) TRUE COPY OF THE FORMAT OF AFFIDAVIT TO BE SUBMITTED FOR GRANT OF APPROVAL OF PCI.** - **ANNEXURE R3(c) TRUE COPY OF THE BACHELOR OF PHARMACY (B.PHARM) COURSE REGULATIONS, 2014.** True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **28** ## **APPENDIX OF WP(C) 18063/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 21.11.2001 ISSUED BY THE GOVERNMENT** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 09.07.2016 FROM THE PETITIONER** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.06.2017 ISSUED BY THE 1ST RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30.04.2018 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION** **EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 11.01.2018 ISSUED BY THE 1ST RESPONDENT WITH APPENDIX A EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 22.09.2016 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 24.01.2018 FOR STARTING A NEW COLLEGE/COURSE** **EXHIBIT P8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE ADDL. 3RD RESPONDENT DATED 18.7.2018.** **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R3(a)** TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF 292ND MEETING OF THE CENTRAL COUNCIL OF PHARMACY HELD ON 5.5.2018. True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **29** ## **APPENDIX OF WP(C) 26564/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPROVAL RECEIVED FROM THE 3RD RESPONDENT BEARING REFERENCE NO. FNO SOUTH-WEST/2018/13681667351 DTD. 30.4.2018.** **EXHIBIT P1(a) TRUE COPY OF THE LETTER BEARING REF. NO. 32-1447/2017-PCI/1034-36 DTD. 20.4.2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1(b) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 3.7.2018 IN W.P(C) NO. 15525 OF 2018.** - **EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.1310/ACII/PHARM/KUHS/2018 ISSUED BY THE 4TH RESPONDENT DTD. 31.7.2018.** - **EXHIBIT P3 TRUE COPY OF THE REGULATION ISSUED BY THE 2ND RESPONDENT WITH APPROVAL OF CENTRAL GOVERNMENT.** - **EXHIBIT P4 TRUE COPY OF THE SCHEME BEARING REFERENCE NO. 14-56/2014-PCI ISSUED BY THE 2ND RESPONDENT.** RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **30** ## **APPENDIX OF WP(C) 26571/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE LETTER DATED 30.4.2018 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.** **EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 10.12.2014 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE SCHEME FRAMED UNDER REGULATION 9.2. OF THE BACHELOR OF PHARMACY (B.PHARM) COURSE REGULATION, 2014.** **EXHIBIT P4 TRUE COPY OF THE MINUTES MEETING OF THE CENTRAL COUNCIL OF THE PHARMACY COUNCIL OF INDIA HELD ON 23RD & 24TH OF MARCH, 2018.** **EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 11.1.2018 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 25.1.2018 FROM THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 31.7.2018 ISSUED FROM THE 3RD RESPONDENT.** RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **31** ## **APPENDIX OF WP(C) 27721/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LETTER DATED 30.04.2018 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.** - **EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 10.12.2014 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE SCHEME FRAMED UNDER REGULATION 9.2. OF THE BACHELOR OF PHARMACY (B.PHARM) COURSE REGULATIONS, 2014.** **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 18.05.2018 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P4 (a) TRUE COPY OF THE MINUTES OF THE DECISION OF THE EXECUTIVE COMMITTEE DATED 05.05.2018.** **EXHIBIT P5 TRUE COPY OF THE ORDER DTD.3.7.2018 IN WP(C) 18063/2018 OF THIS COURT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.8.2018 ISSUED BY THE 3RD RESPONDENT.** RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp **W.P.(C) Nos.15525/2018 & conn. cases** **32** ## **APPENDIX OF WP(C) 30506/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 01.11.2017 IN WPC.NO,30179/2017 OF THIS HON'BLE COURT.** **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30.4.2018 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.** **EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 09.8.2018 IN WP(C)NO.25783/18 OF THIS HON'BLE COURT.** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED14.8.2018 IN WP(C)NO.26571/2018 OF THIS HON'BLE COURT.** **EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.9.2018 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE CONSENT OF AFFILIATION DATED 13.9.2018 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 10.12.2014 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P8 TRUE COPY OF THE ORDER DATED 4.10.2018 ISSUED BY THE 1ST RESPONDENT.** **RESPONDENT'S/S EXHIBITS:** **ANNEXURE R1 A** A TRUE COPY OF THE ORDER DATED IN WPC.26571 OF 2018 OF THIS HON'BLE COURT. **EXHIBIT R3(a)** TRUE COPY OF THE ORDER DATED 10.1.2005 IN SLP (C)NO.26936/2004. **EXHIBIT R3(b)** TRUE COPY OF THE JUDGMENT OF HON'BLE DELHI HIGH COURT DATED 3.8.2018. **W.P.(C) Nos.15525/2018 & conn. cases** **33** **EXHIBIT R3(c)** TRUE COPY OF THE ORDER DATED 24.7.2018 IN SPECIAL LEAVE PETITION (CIVIL)/2018 (DIARY NO(S).24798/2018 FILED BY PROGRESSIVE EDUCATION SOCIETY'S COLLEGE OF PHARMACY & ANR. VS. THE STATE OF MAHARASHTRA & ORS. True Copy P.S to Judge smp