1. Dispute regarding grant of conditional affiliation for pharmacy courses and permission to appear in examinations following state government notification and regulatory approval. (Para 1 , 4 , 5 , 6 , 8 )
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2021 Supreme(SC) 309
SUPREME COURT OF INDIA
R.F. NARIMAN, K.M. JOSEPH, B.R. GAVAI, JJ.
SRI SAI RR INSTITUTE OF PHARMACY – APPELLANT
VERSUS
DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER – RESPONDENT
WRIT PETITION (C) NO.446, 448 OF 2021,
WITH
SHRI BADRINATH COLLEGE OF PHARMACY – PETITIONER(S)
VERSUS
DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER – RESPONDENT
WRIT PETITION (CIVIL) NO.448 OF 2021
Decided On : 06-07-2021
Important Points
IMPORTANT POINT
Relief can be granted on the basis of equitable considerations.
Relief can be granted on the basis of equitable considerations.
Subject
Education Law - Affiliation of Colleges
Act Referred
Headnote
Advocate Appeared :
For the Appellant : Anamika Agrawal, Ajay K. Agrawal, Ajit Sharma, Advocates
For the Respondent : Amitesh Kumar, Binisa Mohanty, Priti Kumari, Mritunjay Kumar Sinha, Advocates
Education – Affiliation – Denial – Vide Notification dated 19.3.2021, State Government after considering recommendations made by Affiliation Committee has granted conditional affiliation to petitioner colleges for admission in B. Pharma course in compliance with order of High Court passed in Writ Petition No.12536 of 2020 – Approval has been granted by Pharmacy Council of India (PCI) on 10.4.2021 to both petitioner-colleges with an intake capacity of 60 students each – Present petitioners have also filed petitions challenging policy decision of State Government dated 15.5.2020 before High Court and same have been allowed by High Court by judgments and orders dated 2.11.2020 and 10.11.2020 – In present case also, State Government vide Notification dated 19.3.2021 has granted conditional affiliation after considering recommendations made by Affiliation Committee – University directed to grant affiliation to petitioner Colleges for Academic Year 2020-21 and also permit students of petitioner Colleges To participate in special examinations to be organized by University for Academic Year 2020-21 in view of Notification dated 19th March 2021. (Paras 5, 8 and 10)
Facts of the case:
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. writ petitions have been filed by the petitioner-colleges since University has refused to grant affiliation to petitioner-colleges and to permit their students to appear for First Year B. Pharma examination.
Findings of Court:
In peculiar facts and circumstances of the case, particularly finding that the facts in both the present cases are almost similar with the facts in Writ Petition (Civil) No. 390 of 2021, present petitioners are also entitled to the same relief as is granted by this Court in Writ Petition (Civil) No. 390 of 2021.
Result : Writ Petitions allowed.
Legal Category Hierarchy
Table of Contents
2. Petitioners claim parity with previous judicial precedents; University contends non-participation in counseling and existence of parallel proceedings before the High Court. (Para 2 , 3 )
3. The court found the facts identical to a previous case where affiliation was denied solely due to lapsed regulatory timelines despite state and PCI approval. (Para 4 , 5 , 8 , 9 )
4. In pharmacy education, the Pharmacy Act, 1948 prevails, and norms set by the Pharmacy Council of India must be followed by institutions. (Para 7 )
5. University directed to grant affiliation for the academic year and permit students to participate in special examinations. (Para 10 , 11 )
6. Which legislation prevails regarding the recognition of degrees and diplomas in pharmacy education?
The Pharmacy Act, 1948 prevails in the field of pharmacy education, and the norms and regulations set by the Pharmacy Council of India (PCI) and other specified authorities under the Act must be followed by the concerned institutions. (Para 7 )
7. Can affiliation be denied solely based on lapsed regulatory timelines if other statutory approvals are granted?
No, where the Pharmacy Council of India has granted approval and the State Government has issued a notification for conditional affiliation, the denial of affiliation solely on the ground of lapsed AICTE timelines is not sustainable. (Para 4 , 5 , 8 , 9 )
ORDER :
B.R. Gavai, J.
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 ), 2021 SCC Online SC 322 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 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 Court passed in Writ Petition No. 12536 of 2020.
6. The writ petitions have been filed by the petitioner -colleges since the University has refused to grant affiliation to the petitioner - colleges and to permit their students to appear for First Year B. Pharma examination.
7. This Court while allowing Writ Petition (Civil) No. 390 of 2021 has observed thus:
"9. This Court, in the case of, Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy (supra), has held as under:-
"87. In view of the above and for the reasons stated above, it is held that 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. The norms and regulations set by the PCI and other specified authorities under the Pharmacy Act would have to be followed by the concerned institutions imparting education for degrees and diplomas in Pharmacy, including the norms and regulations with respect to increase and/or decrease in intake capacity of the students and the decisions of the PCI shall only be followed by the institutions imparting degrees and diplomas in Pharmacy. The questions are answered accordingly."
10. Indisputably, in the present case, the PCI has granted approval to both the petitioners vide order dated 10th April 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
