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2022 Supreme(Chh) 239

P.SAM KOSHY
Chouksey College Of Pharmacy Run By H. K. Kalchuri Educational Trust, Through its Director Mrs. Palak Jaiswal, W/o Shri Ashish Jaiswal – Appellant
Versus
Pharmacy Council Of India Through its Chairman/Secretary, having Its Registered Office At NBBC Centre, New Delhi, Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Siddharth R. Gupta, Advocate along with Mr. Pranjal Agrawal, Advocate
For the Respondents:Mr. Ramakant Mishra, Asstt. S.G. along with Mr. Tushar Dhar Diwan, Advocate

ORDER :

1. The validity and legality of two orders/resolutions passed by the respondent No.1-Pharmacy Council of India (PCI) dated 17.07.2019 (Annexure P/3) and 09.09.2019 (Annexure P/4) is under challenge in the present writ petition.

2. Vide the aforesaid two resolutions, the PCI has put a moratorium on the opening of new Pharmacy Colleges for running Diploma as well as Degree courses in Pharmacy for a period of 5 years beginning from the Academic Session 2020-21. Vide the order /resolution dated 09.09.2019 the PCI gave certain relaxations to the moratorium so far as its applicability is concerned.

3. For proper appreciation of the facts and issues raised by the parties it would be relevant at this juncture to take note of the relevant portion of the two orders under challenge in this writ petition dated 17.07.2019 and 09.09.2019 passed by the PCI. The resolution that was passed by the PCI on 17.07.2019 is reproduced hereinunder:

    “Taking into consideration the availability of sufficient qualified pharmacist workforce, the House unanimously resolved to put a moratorium on the opening of new pharmacy colleges for running Diploma as well as Degree course in pharmacy for a period of five

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