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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
P. Sam Koshy, J.
Chouksey College Of Pharmacy Run By H.K. Kalchuri Educational Trust, Through its Director Mrs. Palak Jaiswal, W/o Shri Ashish Jaiswal - Appellant
Vs.
Pharmacy Council Of India Through its Chairman/Secretary, having Its Registered Office At NBBC Centre, New Delhi, Delhi - Respondent
WPC No. 3766 of 2021
Delivered On : 22-04-2022
Constitution of India,1950 - Articles 14, 19(1)(g) , Clause 6 of Article 19 , 13 and 13(3)(a) - Pharmacy Act, 1948 - Sections 10, 12 , 13 , 15 and 11 - Commissions of Inquiry Act, 1952 - Section 3(1) and sub- section (2) of section 36 - Application of Education Regulations to States - Juncture to take note of the relevant portion of the two orders - 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 Academic - PCI gave certain relaxations to the moratorium so far as its applicability is concerned - Parties it would be relevant at this juncture to take note of relevant portion of the two orders under challenge in this writ petition passed by the PCI - Resolution that was passed by PCI reproduced - Consideration the availability of sufficient qualified pharmacist workforce - 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 years beginning from the academic year - Resolution has been communicated to Ministry of Health and Family Welfare, Government of India for information under intimation to All India Council of Technical Education (AICTE) and also posted on Council's website - institutions which had applied for opening D. Pharm and/or B. Pharm 20 academic session either to PCI or to the AICTE and the proposal was rejected or not inspected due to some reason or the other will be allowed to apply academic session and this relaxation is given only for one year i.e. for academic session only – Held, State Government in imposing moratorium is without jurisdiction, irrational or arbitrary - While answering aforesaid issue, it was held that in the absence of any norms or guidelines to check the mushroom growth of Institutions - University cannot be deprived of its power to consider the said aspect and decision of the State Government to impose moratorium cannot be said to be arbitrary of illegal - It was further held that on basis of policy decision of the State Government, the university had taken decision in terms of Section 20 of AICTE Act 1982 - contention raised on behalf of PCI that resolution has been passed on approval of the Central Government, as it was informed at every stage and decision taken by PCI to impose moratorium has been ratified by it, need not be examined as the resolution have not been passed under the provisions of the Act - Similarly contention with regard to applicability of doctrine of legitimate expectation need not be answered in view of our answer to issues number (i) to (iii) – Appeal dismissed
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:
The said resolution has been communicated to Ministry of Health and Family Welfare, Government of India on 17.07.2019 for information under intimation to All India Council of Technical Education (AICTE) and also posted on the Council's website.
4. The said resolution stood modified on 09.09.2019 by which the respondents-PCI has passed an order of non-applicability of the said resolution on certain category of institutions and in respect of certain areas in the country. For ready reference the relevant portion questioning the order dated 09.09.2019 (Annexure P/4) is reproduced hereinunder:
(a) The moratorium will not apply to the Government institutions.
(b) The moratorium will not apply to the institutions in North Eastern region.
(c) The moratorium will not apply to the States/Union Territories where the number of D. Pharm and B. Pharm institutions (both combined) is less than 50.
(d) The institutions which had applied for opening D. Pharm and/or B. Pharm colleges for 2019-20 academic session either to the PCI or to the AICTE and the proposal was rejected or not inspected due to some reason or the other will be allowed to apply for 2020- 21 academic session and this relaxation is given only for one year i.e. for 2020-21 academic session only.
(e) Existing approved pharmacy institutions will be allowed to apply for increase in intake capacity as per PCI norms and/or to start additional pharmacy course(s).
5. Before proceeding further with the issue involved in the matter, it would be also relevant at this juncture to take note of the reasons, which led to the issuance of the moratorium by the PCI. The reasons as spelt out in the order of the PCI dated 17.07.2019 are as under:-
(a) There are approximately 1,985 D. Pharm and 1,439 B. Pharm institutes in the country. The annual intake of students in these institutes (both D. Pharm and B. Pharm) is 2,19,279/
(b) This available workforce is enough to meet the current pharmacist-to-population needs of the country.
(c) The rapid increase in the number of pharmacy colleges over the last decade may result in shortage of trained and qualified teaching faculty which may affec
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