Mandatory documents for approval of educational courses must be submitted as specified by regulatory authorities to ensure compliance with statutory requirements.

JUDGMENT

Prateek Jalan, J. (Oral)

The proceedings in the matter have been conducted through video conferencing.

1. The petitioner seeks a direction upon the respondent/Pharmacy Council of India ["PCI"] to process its application dated 10.02.2021 for grant of recognition to its Bachelor of Pharmacy ["B.Pharma"] course for the academic year 2021-22. The petitioner has made an alternative prayer for a direction upon the respondent to provide a link to the petitioner for submission of its online application seeking recognition of the said course.

2. The petitioner is an established institution running a Diploma in Pharmacy ["D.Pharma"] course since 2016-17. It desired, in addition, to establish a B.Pharma course from the academic year 2021-22.

3. The case of the petitioner is that, pursuant to a public notice dated 30.12.2020, the PCI opened its portal for submission of approval applications for the academic year 2021-22. Existing institutions were entitled to apply for continuation of approval, as well as for introduction of new courses. Under the aforesaid circular, the portal was to remain open during the period 04.01.2021 to 31.01.2021. By a subsequent notice dated 04.02.2021, the portal was opened once again, for the period from 08.02.2021 to 10.02.2021, as a last opportunity to existing institutions for submission of online applications.

4. The petitioner made its online application for renewal of permission for the D.Pharma course in January, 2020. However, at the relevant time, the petitioner did not possess a "No Objection Certificate" ["NOC"] from the State Government as required under the Notice dated 30.12.2020 for establishment of a new B.Pharma course. According to the petitioner, it was for this reason that it did not simultaneously make an application in respect of its proposed B.Pharma course.

5. According to the pleadings in the writ petition, the petitioner applied for the NOC to the Government of Rajasthan on 08.02.2021, and the State issued the NOC on 10.02.2021, being the last date for submission of applications on the PCI portal.

6. The petitioner claims thereafter to have made several attempts to log in to the portal in order to submit its application for the B.Pharma course, but was not given access. The petitioner has also placed on record an email dated 10.02.2021, sent to the Registrar of the PCI, with a request to open the portal to enable it to submit its application. The petitioner has stated that, in view of its inability to submit the online application, it submitted the application offline on 10.02.2021, alongwith the NOC granted by the State Government, and that the offline application was delivered to the PCI's office on 15.02.2021.

7. It is in these circumstances that the petitioner seeks a direction upon the respondent to process its application for grant of recognition of the B.Pharma course or, alternatively, an opportunity to submit the online application belatedly.

8. During the course of arguments, Mr. Amitesh Kumar, learned counsel for the petitioner, pointed out that in the Notice dated 30.12.2020, the PCI had stipulated the documents required for submission of an application for the B.Pharma course. Clause (3) of the said Notice, insofar as it relates to the B.Pharma course and Clause (6) thereof, is reproduced below: -

"3. The approval process for the academic year 2021-22 for introduction of new pharmacy course(s) by existing institutions the institution will have to apply on the portal along with requisite fees and submit the below mentioned documents mandatorily at the time of application for consideration of the application -

a) For B. Pharm course

i) Consent of affiliation of Examining Authority

ii) N