ANIL KUMAR, J.

( 1 ) THE petitioners are the students of R. R. College of Pharmacy, respondent no. 3, and they have sought that Directorate of Distance Education, institute of Advance Studies in Education, respondent No. 1, be approved by pharmacy Council of India as the examination authority and direct respondent no. 1 to conduct the examination of the petitioners.

( 2 ) ACCORDING to the petitioners, respondent No. 1 is Deemed University recognized by Ministry of Human Resource Development vide notification dated 25th June, 2002, Ministry of Human Resource Development, Department of Secondary and Higher Education in exercise of power conferred under Section 3 of university Grants Commission Act, 1956 declared Institute of Advance Studies in education of Gandhi Vidya Mandir, Sardarshahar, Rajasthan as a Deemed university. By notification dated 17th July, 2003, respondent No. 1 was deemed to be a University with effect from 25th June, 2002. Respondent No. 1 was conferred the status of Deemed University under Section 3 of the University grants Commission Act, 1956. Section 3 of the University Grants Commission Act, 1956 is as under:-

"3. Application of Act to Institutions for higher studies other than universities:-The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University shall be deemed to be a University for the purpose of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a university within the meaning of clause (f) of section 2. "

( 3 ) THE petitioners contended that respondent No. 1 is the examination authority of respondent No. 3 in which petitioners are pursuing their diploma course. Respondent No. 1 was also stated to be an examination authority of Marwar college of Pharmacy, Maulasar (Didwana), Nagour, Rajasthan.

( 4 ) R. R. College of Pharmacy, respondent No. 3, according to petitioners conducts two years' Diploma in Pharmacy (D Pharma Course ). Respondent No. 3 was affiliated to University of Technology and Science, Raipur. The petitioners took admission in respondent No. 3 for Diploma in Pharmacy and the classes of the petitioners started from August 2004 for the course of 2004-2005.

( 5 ) THE petitioners, who are the students of respondent No. 3, asserted that the college applied to Pharmacy Council of India with standard inspection form along with a bank draft of Rs. 15,000/- with examination authority letter for approval of the course of study or recognition and approval of examination authority. Relying on letters dated 15th January, 2004 and 4th February, 2005 of Pharmacy Council of India, it was contended that when an institute is starting for first time course of study approval or recognition of institute is not mandatory for diploma in Pharmacy (D-Pharma) as the said course is different from other courses and for the said course recognition is not required before commencement of the course.

( 6 ) BY letter dated 4th February, 2005, the Pharmacy Council of India had intimated the College, respondent No. 3 that at appropriate time inspection of D pharma course shall be conducted. The relevant extract of letter dated 4th february, 2005 of Pharmacy Council of India is as under:-

"the Pharmacy Council of India (PCI) shall at the appropriate time conduct inspection of D. Pharma course for granting approval of the D. Pharma course under Section 12 of the Pharmacy Act, 1948 for the purpose of registration as a pharmacist. It will be the responsibility of the institution to obtain the approval of the Pharmacy Council of India under Section 12 of the Pharmacy Act before the first batch of students pass out from the institution. "

( 7 ) THE Apex Court in a matter reported as (2005) 5 SCC 420, Professor yashpal and Another Vs. State of Chhatisgarh and Others, had de-recognized university of Technology and Science, Raipur and,