The importance of AICTE approval in granting registration under the Pharmacy Act and the unjustifiability of the PCI's refusal to grant registration based on AICTE approval.

Anoop V. Mohta, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for parties.

2. As common issues are raised in all these petitions and respondents are also common, so also the basic provisions of law, therefore, this common judgment.

3. Some of petitioners are educational institutions who have been imparting technical education based upon requisite permission/approval obtained from All India Council of Technical Education (for short “AICTE”).

4. The term “Technical Education” includes pharmacy, architecture and all other technical courses. Some of petitioners are students who have based upon then advertisement applied and accordingly got the admission in the institutions for pharmacy course. They have prosecuted the course accordingly, subject to and in pursuance to various orders passed by this Court in respective petitions, also in view of pending issue about supremacy of AICTE and/or PCI and/or Architecture Council. Admittedly, this controversy/issue is still pending in the Supreme Court as read and referred by this Court in Writ Petition No. 6259 of 2017 (Shri Vile Parle Kelvani Mandal Vs. The State of Maharashtra and others). Relevant portion is reproduced as under :

The judgments cited by the learned counsel appearing for the petitioner here directly deal with the importance/need to be given to the supremacy of the approval and sanction of AICTE over the other authorities. We have taken note of the same and granted the relief to the other petitioners, but again also on the foundation of giving importance to AICTE approval and sanction first.

5. In view of above background, we have to consider the respective prayers made by petitioners/students seeking mandamus/order against respondent/PCI to issue necessary approval for registration as required U/Sec. 12 of the Pharmacy Act (for short 'Act') for all the students who have completed their diploma courses/ some have obtained in the year 20062007 onwards. The consequential prayers are made against the respondent/Maharashtra State Pharmacy Council to grant necessary approval for registration to such students irrespective pendency of the issue of intake capacity 60 and/or 120 and/or 180 as the case may be. The same was on the foundation of AICTE approval/permission along with other necessary permissions of the other authorities.

6. We have already noted in Writ Petition No. 6259 of 2017 (Shri Vile Parle Kelvani Mandal Vs. The State of Maharashtra and others) (supra), and similar other matters. the observations of the Supreme Court and the approval/permissions granted by the AICTE. This Court has also passed various orders granting permission to the educational institutions/colleges to admit students based upon approval granted by the AICTE referring to intake capacity of the students. All the concerned authorities and students have acted accordingly.

7. Petitioners are waiting for registration from PCI inspite of repeated communications and orders passed by the Court. Respondent/PCI is refusing such registration. We see, there is no reason that such students who have completed the course/studied as recorded above and obtained concerned diploma should not be permitted to proceed further in life.

8. The power of pharmacy council to grant registration and refuse registration is not in dispute. At the same stroke pharmacy council is under obligation to register or grant registration once the students have completed/obtained their requisite diploma/degree/certificate from the recognized university/board. There is no question of denying the same, once they are qualified and eligible to get registration under the provisions of the Act and regulations made thereunder.

9. After going through the affidavit filed by the PCI and so also the requisite provisions of the Act and regulations so read and referred by learned counsel appearing for parties, we are inclined to observe that, the power of PCI not to grant registration in the above ba