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2022 Supreme(Del) 1709

PRATEEK JALAN
Shaheed Teg Bhadur College Of Pharmacy – Appellant
Versus
Pharmacy Council Of India – Respondent


Advocates appeared:
Sanjay Sharawat, Advocate, R.K. Ruhil Sumit Bishnoi, Advocate, Mayank Manish, Advocate, Ravi Kant, Advocate, Abhishek Singh, Advocate, Madavaram Priyanka, Advocate, Shivam Singh, Advocate, Sahil Raveen, Advocate, Jaideep Khanna, Advocate, Vidur Dwivedi, Advocate, Harpreet Singh Gupta, Advocate, Harsh Choudhary, Advocate, Chandrashekhar Singh, Advocate, Amitesh Kumar, Advocate, Priti Kumari, Advocate, Binisa Mohanty, Advocate, Laksh Khanna, Advocate, Mehul M. Gupta, Advocate, Smriti Maheshwari, Advocate, Maninder Singh, Advocate, Zoheb Hossain, Advocate, Prabhas Bajaj, Advocate, Vivek Gurnani, Advocate, Piyush Goyal, Advocate, Ram Niwas Buri, Advocate, Rishabh Sharma, Advocate

JUDGMENT

Prateek Jalan, J. - This batch of 88 writ petitions is directed against communications dated 17.07.2019 and 09.09.2019 addressed by the respondent/ Pharmacy Council of India [hereinafter, 'PCI'] to State Governments and Union Territory administrations. [The same communications have also been challenged in approximately 2500 other writ petitions, in which orders will be passed separately.] By the impugned letter dated 17.07.2019, the PCI communicated a decision taken at its meeting held on 09/10.04.2019 to impose a moratorium on the opening of new pharmacy colleges for a period of five years with effect from the academic year 2020-21. The letter dated 09.09.2019 conveyed the resolution taken at the meeting held on 05/06.08.2019, providing certain exemptions to the aforesaid moratorium.

Facts

2. The writ petitions proceed on a substantially similar factual basis. The petitioners claim to be desirous of establishing pharmacy colleges, for which they require prior approval of the PCI. It is stated that the petitioners procured land and physical infrastructure required prior to submission of their applications. In the normal course, they would have been required to submit applicat

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