Andhra Pradesh High Court
Judges : V.ESWARAIAH
B.Laxmi - Appellant
Versus
Government Of A.P., Technical Education Department - Respondent
Decided On : 04-25-03
Pharmacy Act, 1948 - Section 29 - Education Act, 1987 - Recognizes their certificates - Writ petition to issue a Writ of Mandamus directing respondents to take steps for conferring approval of b. Pharmacy degrees obtained by them consequently directing Pharmacy council of India to confer approval on degrees obtained by petitioners in pursuance of final examinations held in month - Respondent College of b. Pharmacy, was started in year duly obtaining sanction from all India Council for Technical Education (AICTE) and Government of Andhra Pradesh - Admissions were made by commissioner Admissions Government of Andhra Pradesh - All petitioners are first batch of students admitted in respondent-college basing on ranks secured by them in Eamcet examination - Held, Admittedly University withdrawn affiliation granted to respondent institution from academic year onwards only and transferred students of respondent-college to college of B. Pharmacy - It is not case of respondent that AICTE has no power or authority to permit for conducting degree course in b. Pharmacy - Aicte is empowered to grant affiliation and after satisfying norms and reports of concerned authority AICTE accorded provisional affiliation subject to certain conditions and for not fulfilling said conditions subsequently by respondent-college of B. Pharmacy cannot be a ground to refuse to recognize degrees obtained by petitioners by respondent - Action of respondent while permitting other batch of students to continue their course of study while refusing to recognize degrees obtained - Writ Petition allowed
( 1 ) THE petitioners 26 in number filed this writ petition to issue a Writ of Mandamus directing respondents 1, 2 and 3 to take steps for conferring the approval of the b. Pharmacy degrees obtained by them consequently directing the Pharmacy council of India to confer approval on the degrees obtained by the petitioners in pursuance of the final examinations held in the month of August, 2001.
( 2 ) THE 6th respondent College of b. Pharmacy, Cuddapah was started in the year 1997 duly obtaining sanction from the all India Council for Technical Education (AICTE) and the Government of Andhra pradesh. The admissions were made by the commissioner, Admissions, Government of andhra Pradesh. All the petitioners herein are the first batch of students admitted in the 6th respondent-college basing on the ranks secured by them in the EAMCET-1997 examination. The examinations were conducted by the Jawaharlal Nehru technological University-3rd respondent and the petitioners passed the examinations and also degrees were awarded in favour of the petitioners by the 3rd respondent. However, the University has withdrawn affiliation with effect from the academic year 2001 onwards but the degrees obtained by the petitioners from the Jawaharlal Nehru technological University-3rd respondent have not been approved by the Pharmacy council of India-4th respondent. Hence the petitioners filed this Writ Petition for a direction directing the Pharmacy Council of india to confer approval on the degrees obtained by them pursuant to the degrees awarded by the 3rd respondent.
( 3 ) THE brief facts that gave rise to filing of this Writ Petition are as follows :- The AICTE vide its letter dated 22-9-1992 accorded approval to the 6th respondent-college to conduct degree course of B. Pharmacy with annual intake of 40 for the session 1997-98. The duration of the course is for four years. The approval has been accorded as per the norms and standards of AICTE. AICTE accorded approval after consultations with the State Government and the affiliating University of Jawaharlal Nehru technological University and on the recommendation of the Regional Committee and the Expert Committee constituted by the council as per the provisions of AICTE regulations. It is stated that the admissions will have to be made in accordance with the regulations notified by the AICTE and any infringement/contra vent ion/non- compliance of the norms and standards as prescribed by AICTE, the Council shall take further steps to withdraw the approval and the liability arising out of such withdrawal of approval will be solely that of the management of the 6th respondent- institution. The said approval was granted for one academic session of 1997-98. The aicte requested the State Government to monitor the progress made by the institution for fulfillment of norms and standards of the council and keep the concerned Regional office and AICTE informed. Based on the said approval, the State of Andhra Pradesh issued order in G. O. Ms. No. 300 Education (EC-II) Department dated 24-9-1997 according permission for establishment of b. Pharmacy college with an annual intake of 40 for the academic year 1997-98 by the management of the 6th respondent- institution to conduct the degree course in b. Pharmacy. The petitioners have appeared for the entrance examination of EAMCET- 1997 and obtained ranks for the purpose of admissions into B. Pharmacy course and some of them have appeared for the entrance examination for the Pharmacet and admitted into the 6th respondent-college. 23rd petitioner was under the NRI quota. All the petitioners duly admitted for admission into B. Pharmacy course in the year 1997 in pursuance of the entrance examination conducted by the 3rd respondent-University and in the counseling all the petitioners were allotted to the 6th respondent-college. On securing the admissions, all the petitioners have joined in the 6th respondent-college as directed by the jawaharlal Nehru Tec
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