THE PHARMACY COUNCIL OF INDIA versus DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND ORS. ETC.

Citation: [2020] 5 S.C.R. 718 · Decided: 05-03-2020 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Disposed off
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Judgment (excerpt)

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[2020] 5 S.C.R.
THE PHARMACY COUNCIL OF INDIA
v.
DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA
INSTITUTE OF PHARMACY AND ORS. ETC.
(Transferred Case (Civil) Nos. 213-227 of 2020)
MARCH 05, 2020
[ARUN MISHRA, VINEET SARAN AND M. R. SHAH, JJ.]
Pharmacy Act, 1948 – All India Council of Technical Education
Act, 1987 – Applicability of the Pharmacy Act, 1948 or the AICTE
Act, 1987 in relation to subject of pharmacy including the approval
of courses of study, minimum standards of education required for
qualification as a pharmacist, registration as a pharmacist, regulation
of future professional conduct etc. – Held: The Pharmacy Act is a
special Act in the field of pharmacy and it is a complete code in
itself in the field of pharmacy, the pharmacy Act shall prevail over
the AICTE Act which is a general statute dealing with technical
education/ institutions – In the AICTE Act there is no specific repeal
of the pharmacy Act, more particularly when the Pharmacy Act is a
special Act and the subsequent enactment of AICTE Act is general
and therefore the Pharmacy Act being a special Act must prevail –
Consequently, so far as recognition of degrees and diplomas of
pharmacy education is concerned, the Pharmacy Act shall prevail.
Pharmacy Act, 1948 – All India Council of Technical Education
Act, 1987 – In the field of pharmacy, PCI would have the jurisdiction
or AICTE constituted under the AICTE Act – Held: PCI consists of
experts in the field of pharmacy and related subjects connected with
the education of pharmacy – On the other hand, so far as AICTE is
concerned, only one member would be from the field of pharmacy
and that too representative of PCI – Under the circumstances, the
PCI is the body of experts connected with the subject of pharmacy
and related subjects and therefore it will be in the larger interest
and more particularly in the interest of education of pharmacy that
PCI shall alone have the jurisdiction in the field of Pharmacy rather
than AICTE – Further, both PCI and AICTE are the creature of the
statute – The fight of supremacy between both regulators is unhealthy
for the education sector as well as the institutions to permit two
[2020] 5 S.C.R. 718
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regulators to function in the same field – Therefore, when the PCI is
consisting of the experts in the field of pharmacy and other related
subjects, it is in the larger interest in the field of Pharmacy that the
PCI must be given the power to regulate in the field of pharmacy.
Disposing of the matters, the Court
HELD: Whether the mandate of the PCI or that of the
AICTE would prevail on the question of granting approval and
related matters to any institution for conducting pharmacy
education course, if there is any conflict/contradictions in the
opinions of these two bodies.
1. As per the Preamble of the Pharmacy Act, 1948, the
Pharmacy Act has been enacted to make better provision for the
regulation of the profession and practice of Pharmacy and for that
purpose to constitute Pharmacy Councils. If this Court considers
the relevant provisions of the Pharmacy Act, it covers all areas
inclusive of approval of courses, laying down course content,
eligibility conditions for students as well as teachers, evaluation
of standards of examination, grant of registration, entry of higher
qualification, taking action for any infamous conduct etc. The
relevant provisions in the Pharmacy Act are Sections 10, 12, 13,
16, 29, 32, 35, 36 and 42. [Paras 12 & 13][732-C-D; 740-B-C]
2. In exercise of powers vested in the Pharmacy Act, PCI
has framed a number of Regulations for prescribing minimum
standards of education as well as regulating the subject of
pharmacy in India, including:
a. Education Regulations, 1991;
b. Pharm. D Regulations, 2008;
c. Minimum Qualifications for Teachers in Pharmacy
Institutions Regulations, 2014;
d. Bachelor of Pharmacy (B.Pharm) Course Regulations,
2014;
e. Master of Pharmacy (M.Pharm) Course Regulations,
2014;
PHARMACY COUNCIL OF INDIA v. DR. S.K. TOSHNIWAL EDUCATIONAL
TRUSTS VIDARBHA INST. OF PHARMACY
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f. Bachelor of Pharmacy (Practice) Regulations, 2014;
g. Pharmacy Practice Regulations, 2015.
 Thus, considering the various provisions of the Pharmacy
Act and the regulations made therein, it can be said that the
Pharmacy Act is a complete Code in itself in the subject of
pharmacy. The PCI has been constituted as a body empowered to
re
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