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A. S. CHANDURKAR, M. W. CHANDWANI
Satchikitsa Prasarak Mandal – Appellant
Versus
State Common Entrance Cell – Respondent
JUDGMENT/ORDER
1. Heard.
2. The petitioner no.1-Society which is registered under the Maharashtra Public Trusts Act, 1950 as well as the Societies Registration Act, 1860 that runs the petitioner no.2-Institute of Pharmacy seeks a direction to be issued to the respondent no.1-State Common Entrance Cell (for short, 'the Cell') to provide it a link and password so as to facilitate uploading the Institutional Profile of the Institute alongwith particulars of twenty seven students admitted in the First Year B.Pharm course coupled with the registration of admissions of the said students.
3. Shri B.G. Kulkarni, learned counsel appearing for the petitioners submitted that on 29/12/2022 the Pharmacy Council of India was pleased to grant approval to the Institute for Academic Session 2022-23 for conducting the First Year B.Pharm course for sixty students. Pursuant thereto, the Higher and Technical Education Department on 30/12/2022 issued a Government Resolution granting permission to start the aforesaid course on a permanent no-grant basis. Thereafter on 9/1/2023, affiliation was granted to the said Institute by Dr.Babasaheb Ambedkar Technological University. On 10/1/2023, twenty seven student
An educational institution must obtain clear affiliation from the relevant university before admitting students, as per the provisions of the applicable acts and regulations governing admissions.
Educational institutions must obtain necessary approvals and affiliations before admitting students, and interim orders do not confer the authority to bypass regulatory requirements.
Affiliation of B. Pharma course – University directed to grant affiliation to petitioner colleges for academic year 2020-21 and also permit students of petitioner colleges to participate in special e....
The main legal point established in the judgment is the specific validity and requirements of approval and consent letters for affiliation, emphasizing the need for compliance with these requirements....
The court underscored the importance of adhering to established admission timelines for professional courses, rejecting claims of arbitrary actions by regulatory authorities in the absence of timely ....
Relief can be granted on the basis of equitable considerations.
The rejection of an academic approval proposal without consideration of compliance and opportunity for hearing violates natural justice principles; adherence to regulatory timelines is mandatory.
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