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2023 Supreme(Bom) 232

ROHIT B. DEO, VRUSHALI V. JOSHI
Gramin Vikas Multipurpose Education Society, through its President, Shri. Nitin Madhukar Deshmukh – Appellant
Versus
Pharmacy Council of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Firdos Mirza.
For the Respondent: Mr. Nandesh Deshpande.

JUDGMENT :

(Rohit B. Deo, J.)

1. Heard.

2. Rule. Rule made returnable forthwith. With consent, the petition is heard finally.

3. The petitioner - society is managing various educational institutions, and is desirous of setting up Prabhat Institute of Pharmacy (D.Pharm) in Taluka Brahmapuri, District Chandrapur.

4. Respondent is the apex body for education of pharmacy and is the creature of the Pharmacy Act, 1948 (Act of 1948).

5. The challenge in the petition is to the communication-cum-order dated 23-11-2022 of the Pharmacy Council of India (PCI) rejecting the application preferred by the petitioner for starting D. Pharm course. The rejection is premised on the failure to submit the consent of Affiliation of the Examining Body, which according to the petitioner, is not a requirement contemplated by the statutory provisions.

6. Facts are broadly incontroverted, and we may straightaway proceed to consider the statutory provisions on the touchstone of which the grievance of the petitioner shall have to be scrutinized.

7. The Act of 1948 was enacted to make better provision for the regulation of profession and practice of pharmacy and for that purpose to constitute Pharmacy Councils.

7.

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