LexSRI SAI RR INSTITUTE OF PHARMACY versus DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER
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A B C D E F G H 535 SRI SAI RR INSTITUTE OF PHARMACY v. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER (Writ Petition (C) No.446 of 2021) JULY 06, 2021 [R.F. NARIMAN, K.M. JOSEPH AND B. R. GAVAI, JJ.] Education/Educational Institutions: Pharmacy college – Writ petitions seeking directions to respondent no.1-University to comply with Notification dated 19.03.2021 issued by the State Government and grant conditional affiliation to the petitioner-colleges for academic year 2020-2021; direction to University to organize special examinations for B.Pharma students for academic year 2020-2021 and to permit students of the petitioner-colleges to participate in the special examinations – Held: The facts of both the writ petitions are almost similar to facts in WP(Civil) no.390 of 2021 which was decided by this court on 15.04.2021 in favour of the petitioner- college – Therefore, present petitioners are also entitled to same relief as was granted in WP (Civil) no.390 of 2021 – The University is directed to grant affiliation to petitioner-colleges for the academic year 2020-2021 to participate in the special examinations to be organized by the University for the academic year 2020-2021 in view of Notification dated 19.03.2021 – Writ petitions allowed. VIIT Pharmacy College and another v. Dr. A.P.J. Abdul Kalam Technical University and another 2021 SCC Online SC 332 – relied on Case Law Reference 2021 SCC Online SC 332 relied on Para 2 CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 446 of 2021 (Under Article 32 of the Constitution of India) With Writ Petition (Civil) No.448 of 2021 [2021] 6 S.C.R. 535 535 A B C D E F G H 536 SUPREME COURT REPORTS [2021] 6 S.C.R. Siddhartha Dave, Sr. Adv., Ajit Sharma, Anant Ram Mishra, Rishabh Sharma, Abhishek Rana, Sushil Sharma, Ms. Anamika Agrawal, Ajay K. Agrawal, Advs. for petitioner. Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Mritunjay Kumar Sinha, Advs. for respondents The Order of the Court was passed by B. R. GAVAI, J. 1. Both these writ petitions filed by the petitioner – colleges seek various directions, including the direction to respondent No. 1 - Dr. A.P.J. Abdul Kalam Technical University (hereinafter referred to as “the University”), i.e, to comply with Notification dated 19.3.2021 issued by the State Government and grant conditional affiliation to the petitioner – colleges for Academic Year 2020-2021; direction directing the University to organize special examinations for B. Pharma students for Academic Year 2020-2021 in view of the aforesaid Notification dated 19.3.2021; and direction to the University to permit students of the petitioner – colleges to participate in the special examinations. 2. It is the contention of the petitioner – colleges that the facts in the present writ petitions are identical with the facts in Writ Petition (Civil) No. 390 of 2021 (VIIT Pharmacy College and another vs. Dr. A.P.J. Abdul Kalam Technical University and another)1, which was allowed by this Court vide order dated 15.4.2021. 3. Insofar as Writ Petition (Civil) No. 390 of 2021 is concerned, the University has not seriously disputed that the facts in the present writ petitions are similar to that in Writ Petition (Civil) No. 390 of 2021. However, it is the contention of the University, taken for the first time in Writ Petition (Civil) No. 448 of 2021 (Shri Badrinath College of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical University & Anr.), that the petitioner - Shri Badrinath College of Pharmacy did not participate in the counselling process and as such, is not entitled to any relief. Another ground that has been taken is, that there is a similar writ petition pending before the High Court filed by the petitioner - Shri Badrinath College of Pharmacy with regard to the same relief. 4. We find, that the facts in both the present writ petitions are almost similar to facts in Writ Petition (Civil) No. 390 of 2021 decided by 1 2021 SCC Online SC 322 A B C D E F G H 537 this Court on 15.4.2021. In both cases, grant of affiliation was denied by the University on the sole ground, that the timeline as prescribed by All India Council for Technical Education (AICTE) had lapsed. 5. It is also not in dispute, that vide Notification dated 19.3.2021, the State Government after considering the recommendations made by the Affiliation Committee has granted conditional affiliation to the petitioner - colleges for admission in B. Pharma course in compliance with the order of the High Co
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