VIIT PHARMACY COLLEGE AND ANOTHER versus DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER

Citation: [2021] 4 S.C.R. 274 · Decided: 15-04-2021 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Case Allowed
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Judgment (excerpt)

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VIIT PHARMACY COLLEGE AND ANOTHER
v.
DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND
ANOTHER
(Writ Petition (C) No.390 of 2021)
APRIL 15, 2021
[R.F. NARIMAN, B.R. GAVAI AND HRISHIKESH ROY, JJ.]
Education/Educational Institutions: Pharmacy college –
Respondent no.1-University invited applications for grant of
affiliation for the year 2020-2021 –Petitioners were granted
approval by the Pharmacy Council of India (PCI) for conducting
first year B.Pharma course for the academic year 2020-2021 – In
the meantime, State Government came up with policy dated
15.05.2020 for restricting the number of colleges to only two per
district – The said policy was challenged in bunch of petitions –
High Court had set aside the policy only insofar as petitioners who
had approached High Court – Since respondent no.1-University
refused to grant affiliation to the petitioners and refused to permit
their students to appear before the first year B.Pharma examination,
the petitioners approached this Court seeking direction to respondent
no.1-University to grant affiliation for B.Pharma course to the
petitioner colleges for the academic year 2020-2021 with further
direction to organize special examinations for B.Pharma students
for academic year 2020-2021 in view of notification dated
19.03.2021 – Held: Indisputably, in the instant case, the PCI had
granted approval to the petitioners by order dated 10.04.2020, with
intake capacity of 100 and 60 admissions/students respectively –
Not only that, the petitions filed by the petitioners challenging the
policy decision of the State Government dated 15.05.2020, were
allowed by the High Court by judgment and order dated 9.11.2020
– Indisputably, the State Government also by notification dated
19.03.2021, had granted conditional affiliation after considering
the recommendations made by the Affiliation Committee – In the
peculiar facts and circumstances of the case and particularly, since
the averments made on affidavit by the petitioners, were not
controverted by respondent No.1-University, petition is allowed –
Respondent No.1-University is directed to grant affiliation to the
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petitioner colleges for the academic year 2020-21 and also permit
the students of the petitioner colleges to participate in the special
examinations to be organized by respondent No.1-University for
the academic year 2020-21 in view of the notification dated
19.03.2021.
Pharmacy Council of India v. Dr. S.K. Toshiwal
Educational Trusts Vidarbha Institute of Pharmacy and
Others Etc. 2020 SCC OnLine SC 296 – relied on
Case Law Reference
2020 SCC OnLine SC 296
relied on
Para 3
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 390
of 2021.
(Under Article 32 of The Constitution of India)
Siddhartha Dave, Sr. Adv., Ajit Sharma, Anant Ram Mishra,
Abhishek Rana, Sushil Singh, Advs. for the Petitioners.
Amitesh Kumar, Ms. Binisa Mohanty, Ms. Priti Kumari, Mritunjay
Kumar Sinha, Advs. for the Respondents.
The Order of the Court was passed by
B. R. GAVAI, J.
The petitioners have approached this Court seeking a direction to
the respondent No.1-Dr. A.P.J. Abdul Kalam Technical University
(hereinafter referred to as the ‘University’) to grant affiliation for B.
Pharma course to the petitioner colleges for the academic year 2020-21
with further direction to respondent No.1-University to organize special
examinations for B. Pharma students for academic year 2020-21 in view
of the notification dated 19th March 2021.
2. The facts in brief giving rise to the petition are as under:-
On 28th January 2020, the respondent No.1-University invited
applications for grant of affiliation for the year 2020-21. In response
thereto, the petitioners submitted applications in the month of February
2020 seeking affiliation for B. Pharma course for the year 2020-21. It is
pertinent to note that the Pharmacy Council of India (hereinafter referred
to as the ‘PCI’) granted its approval to the petitioner No.1-VIIT
Pharmacy College vide order dated 10th April 2020 for conduct of first
VIIT PHARMACY COLLEGE AND ANOTHER v. DR. A.P.J. ABDUL
KALAM TECHNIC AL UNIVERSITY
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year B. Pharma course for the academic year 2020-21 with intake
capacity of 100 admissions/students. Insofar as the petitioner No.2-RV
Institute of Pharmacy is concerned, a similar approval was also granted;
however with the intake capacity of 60
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