The main legal point established is the requirement for reasoned orders, fair consideration, and specific communication of deficiencies by the PCI, highlighting the illegality of non-speaking decisions.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--This petition under Article 226 of the Constitution of India has been filed by the petitioner-institution to challenge the decision dated 11.11.2022 taken by the respondent-Pharmacy Council of India (PCI) in its 381st Executive Committee (EC) Meeting rejecting the application for grant of approval for B.Pharm course. The petitioner also prays for further directions to grant approval for B.Pharm course for the Academic Session 2023-24 expeditiously, in any case, before 10.04.2023. The said 381st EC meeting's minutes dated 11.11.2022 are also affirmed in an appeal vide order dated 02.02.2023.

2. Learned counsel appearing on behalf of the petitioner states that the petitioner-institution was granted approval by the respondent-PCI for operating D.Pharm course from Academic Session 2017-18. The petitioner from the Academic Session 2022-23 with an intention to operate B.Pharm course applied for grant of approval from the respondent-PCI. He further states that on 12.08.2022, the application of the petitioner-institution for grant of approval with respect to B.Pharm course was rejected on the ground of non submission of consent of affiliation of examining authority and also on account of non submission of NOC by the concerned State Government.

3. According to him, on 23.08.2022, the State Government of Uttarakhand issued NOC to the petitioner-institution for B.Pharm course and on 24.08.2022, the examining University issued consent of affiliation for B.Pharm course. He, therefore, states that on 25.08.2022, the petitioner-institution has submitted compliance appeal and uploaded both the NOC and the consent of affiliation on PCI's portal. He further states that however, on 11.11.2022, the respondent-PCI in its 381st EC meeting rejected the compliance appeal on the other grounds than the grounds for which the main application was rejected on 12.08.2022. He, therefore, filed a petition bearing W.P. (C) No.16914/2022 which was disposed of by this court vide order dated 13.12.2022 directing the respondent-PCI to treat the writ petition as an appeal and to pass a reasoned order within a period of seven days.

4. Since, there was non-compliance of the order dated 13.12.2022 passed by this court in W.P. (C) No.16914/2022, the petitioner-institution filed Cont. Cas (C) No.121 of 2023 and on 02.02.2023, the respondent-PCI has tendered an unconditional apology and undertook to pass a reasoned order in compliance of directions given by this court on 13.12.2022.

5. On 02.02.2023 i.e. on the same date when the contempt case was disposed of, the respondent-PCI rejected the application of the petitioner-institution on the ground that last date for considering approval for Academic Session 2022-23 was already over. The petitioner-institution, however, filed another Cont. Cas (C) No. 224 of 2023 which came to be withdrawn on 16.03.2023 for the reason that the respondent-PCI had already passed a separate order on 02.02.2023.

6. Learned counsel appearing on behalf of the petitioner-institution, therefore, states that, this court under similar facts has directed for taking a fresh decision after extending opportunity of hearing for rectification of the defect for the Academic Session 2023-24. He has placed reliance on a decision passed by this court on 19.01.2023 in W.P. (C) No.422/2023  titled as `Shri Girraj Maharaj College of Pharmacy vs. Pharmacy Council of India' and other connected matters. He also states that the decision passed by this court was affirmed in LPA No.141/2023 vide order dated 24.02.2023. He further states that on the same date i.e. 19.01.2023, another batch of writ petitions i.e. W.P. (C) No.16769/2022 and other connected matters was also decided and this batch relates to the institutions who had applied for running additional course for a particular Academic Session and the application for the additional course was rejected.

7. He then submits that on 23.01.2023 again, similar direct