Back
SUPREME COURT OF INDIA
ARUN MISHRA, VINEET SARAN, M.R. SHAH, JJ.
The Pharmacy Council of India – Appellant
Versus
Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy and Ors. Etc. - Respondents
TRANSFERRED CASE (CIVIL) NOS……………...OF 2020 [TRANSFER PETITIONS (CIVIL) NOS. 87-101 OF 2014], WRIT PETITION (C) NO.926 OF 2018, 1501 OF 2019, C.A. Nos. 2024-2043 of 2020 [SLP (C) NO.4124-4127 OF 2016, 25160, 36434, 26480-26483 OF 2017, 9547, 9546, 608, 9572, 1151, 1171, 26391, 26373 OF 2018, 15328 OF 2019]
Decided on : 05-03-2020
(a) Pharmacy Act, 1948 - Sections 10, 12, 13, 16, 29, 32, 35, 36 and 42 and Regulations framed thereunder by PCI - The Act is a complete Code in itself in the subject of pharmacy - Act exclusively covers all areas inclusive of approval of courses, laying down course content, eligibility conditions for students as well as teachers, evaluation standards of examination, grant of registration, entry of higher qualifications in the same discipline, taking action for infamous conduct etc - It also contains a penal provision - Act enacted to ensure seamless regulation of the profession - To carry out the objective and purpose of the Act, the Legislature the autonomous statutory authority i.e. Pharmacy Council of India is also constituted - The Act is thus a special law in the field of pharmacy - On the other hand, All India Council of Technical Education Act, 1987 is a general law applicable to technical institutions and technical education. (Para 13)
(b) Interpretation of statute - Maxim generalia specialibus non derogant and ‘implied repeal’ - Pharmacy Act, 1947 a prior and special law - All India Council of Technical Education Act, 1987 a general but later law and covering ‘pharmacy’ under technical education - Mere inclusion of ‘pharmacy’ in definition of ‘technical education in AICTE Act does not impliedly repeal Pharmacy Act - In the field of pharmacy, Pharmacy Act will prevail over AICTE Act. (Para 15)
(c) Pharmacy Act - Section 3 - Constitution of a Central Council (PCI) - Consisting of specialized persons in the field of pharmacy and related subjects connected with the education of pharmacy - AICTE has only one member field of pharmacy and that too representative of PCI - Therefore, PCI shall have jurisdiction in the field of pharmacy. (Para 16)
(d) Interpretation of statute - PCI and AICTE - Both regulators creature of statutes - Cannot be permitted to fight for supremacy. (Para 17, 18)
(e) Constitution of India - Article 372 - Pre-constitution statute - Continues to remain in force unless specifically repealed - Instantly Pharmacy Act, 1948 not even impliedly repealed - Article 372 not attracted. (Para 19)
Facts of the case:
The respective respondent-Colleges approached the respective High Courts with the grievance regarding actions of approval of the second shift by the Pharmacy Council of India and restriction on increasing the intake capacity of students for various pharmacy courses. Since the respective respondent Colleges increased the intake of students, based upon the requisite permission/approval obtained from the All India Council of Technical Education, the respective High Courts have allowed the colleges to increase/continue with the increase in intake. The respective High Courts have concluded that AICTE is the supreme authority between the two bodies, namely, AICTE and PCI and the decision of AICTE will prevail over the decision of PCI. By interim orders the High Court allowed the Institutions to continue with the increased number of intake as approved/permitted by AICTE. In some of the cases, such interim orders have been made absolute.
Therefore, the issue involved in the present batch of cases is regarding the applicability of the Pharmacy Act, 1948 or the All India Council of Technical Education Act, 1987 in relation to the subject of Pharmacy, including 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.
Finding of the Court:
In the field of Pharmacy Education and more particularly so far as the recognition of degrees and diplomas of Pharmacy Education is concerned, the Pharmacy Act, 1948 shall prevail.
JUDGMENT :
M. R. Shah, J.
Transfer Petitions (Civil) Nos. 87-101 of 2014 are allowed and Writ Petition Nos. 3783 of 2013 – Dr. S. K. Toshniwal Educational Trust’s Vidarbha Institute of Pharmacy v.The State of Maharashtra & Ors., W.P. No. 3945 of 2013 – Young Engineer’s Education Society v.The State of Maharashtra & Ors. pending in the High Court of Judicature at Bombay, Nagpur Bench, Nagpur, W.P. No. 4992 of 2013 – The Shirpur Education Society & Anr. v.The State of Maharashtra & Ors., W.P. No. 5104 of 2013 – Shri Bhagwan College of Pharmacy v.The State of Maharashtra & Ors., W.P. No. 5150 of 2013 – Kiran & Ors. v.The State of Maharashtra & Ors., W.P. No. 5681 of 2013 – Yashodabai Dagadu Saraf Charitable Trust & Anr. v.The State of Maharashtra & Ors., W.P. No. 5914 of 2013 -Nagaon Education Society’s Institute of Pharmacy, Nagaon v.The State of Maharashtra & Ors. pending in the High Court of Judicature at Bombay Bench at Aurangabad, W.P. No. 19253 of 2013 – Aldel Education Trust v.All India Council for Technical Education, W.P. 19254 of 2013 – Shikshan & Krushi Vikas Pratishthan Medshingi v.All India Council for Technical Education & Ors., W.P. 19255 of 2013 – K.B.H.S.S. Trust v.All India Council for Technical Education & Ors. pending in the High Court of Judicature at Bombay, W.P. No. 19887 of 2013 – The Shirpur Education Society & Anr. v.The State of Maharashtra pending in the High Court of Judicature at Bombay Bench at Aurangabad, W.P. No. 25857 of 2013 – St. Mary’s Group of Institutions Hyderabad v.The Pharmacy Council of India & Ors., W.P. No. 26077 of 2013 -B. Sridhar & Ors. v.The Pharmacy Council of India & Ors., W.P. No. 26286 of 2013 – St. Mary’s Group of Institutions Guntur v.The Pharmacy Council of India & Ors. pending in the High Court of Judicature at Andhra Pradesh at Hyderabad and W.P. 1388 of 2013 – Kashi Institute of Pharmacy v. Union of India & Ors. pending in the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow are transferred to this Court.
2. Leave granted in the Special Leave Petitions.
3. As common question of law and facts arise in this group of cases, all these cases are being decided together by this common judgment and order.
4. In all these petitions, respective respondent-Colleges approached the respective High Courts with the grievance regarding actions of approval of the second shift by the Pharmacy Council of India (hereinafter referred to as the PCI) and restriction on increasing the intake capacity of students for various pharmacy courses. Since the respective respondent Colleges increased the intake of students, based upon the requisite permission/approval obtained from the All India Council of Technical Education (hereinafter referred to as the AICTE), the respective High Courts have allowed the colleges to increase/continue with the increase in intake. The respective High Courts have concluded that AICTE is the supreme authority between the two bodies, namely, AICTE and PCI and the decision of AICTE will prevail over the decision of PCI. That, by the interim orders, the High Court allowed the Institutions to continue with the increased number of intake as approved/permitted by AICTE. That, in some of the cases, such interim orders have been made absolute. Therefore, the issue involved in the present batch of cases is regarding the applicability of the Pharmacy Act, 1948 (hereinafter referred to as the Pharmacy Act) or the All India Council of Technical Education Act, 1987 (hereinafter referred to as the AICTE Act) in relation to the subject of Pharmacy, including 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.
SUBMISSIONS OF PCI
5. Shri Maninder Singh, learned Senior Advocate appearing on behalf of PCI has vehemently submitted the following arguments:
5.1 That having regard to the statutory scheme contained in the Pharmacy Act, which is a complete code b
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
