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.

7.1 Section 2 is the interpretation clause. (c) defines “Central Council” to mean the Pharmacy Council of India constituted under Section 3. (j) defines “State Council” to mean a State Council of Pharmacy constituted under section 19 and includes a Joint State Council of Pharmacy constituted in accordance with an agreement under section 20.

7.2 Section 3 provides for constitution and composition of Central Council.

7.3 Section 10 empowers the Central Council, subject to the approval of the Central Government to make educational regulations, prescribing the minimum standard of education required for qualification as a Pharmacist, which provision reads thus :

“10. Education Regulations. - (1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.

(2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe-

(a) the nature and period of study and of practical training to be undertaken before admission to an examination;

(b) the equipment and facilities to be provided for students undergoing approved courses of study;

(c) the subjects of examination and the standards therein to be attained;

(d) any other conditions of admission to examinations.

(3) Copies of the draft of the Education Regulations and of all Subsequent amendments thereof shall be furnished by the Central Council to all State Governments, and the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approval under sub-section (1) take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.

(4) The Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct.

(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit.”

7.4 The next relevant and pivotal provision is Section 12 which we may extract verbatim.

“12. Approved courses of study and examinations. –

(1) Any authority in a State which conducts a course of study for pharmacists may apply to the Central Council for approval of the course, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission