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2025 Supreme(Bom) 1435

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKA
Shree Swami Samarth Bahuuddeshiya Shaikshanik Samajik Sanstha va Krida Mandal, Osmanabad (Dharashiv), Through its Administrative Officer & Campus Director Shri. Anandkumar Nandkumar Khadke – Appellant
Versus
State of Maharashtra, Through its Secretary, Higher & Technical Education Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shahaji B. Ghatol Patil, Adv.
For the Respondents:Mr. S.K. Tambe, Addl. G.P., Mr. Sanjeev Deshpande, Senior Advocate a/w Mr.Swapnil Joshi i/b Mr. Shreyash Deshpande, Adv., Mr. P.G. Tambade, Advocate h/f Mr. S.S. Jadhavar, Adv.

JUDGMENT :

Hiten S. Venegavkar, J.

1. Rule. Rule made returnable forthwith. With the consent of parties the petition is heard finally at the admission stage itself.

2. The present petition under Article 226 of the Constitution of India is directed against the decision dated 18.09.2025 passed by respondent no. 4 – Pharmacy Council of India, whereby the proposal of the petitioners for grant of approval to commence a new Diploma in Pharmacy (D. Pharm) course for the academic year 2025–2026 has been rejected. The petitioners seek quashing of the said decision and a direction to respondent No. 4 to grant approval for the said course and to include the name of petitioner No. 2 in the list of approved institutions for the purposes of the centralized admission process for the academic year 2025–2026.

3. Petitioner No.1 is an Educational Trust registered under the Maharashtra Public Trusts Act as well as under the Societies Registration Act. Petitioner no. 2 is a College of Pharmacy established, run and managed by petitioner No.1. The case of the petitioners is that petitioner No. 1 has been set up with the main objective of conducting educational activities by establishing various educational

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