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2021 Supreme(Ker) 667

P.V.KUNHIKRISHNAN
Principal, DM Wims College of Pharmacy – Appellant
Versus
Pharmacy Council of India, Represented by its Secretary, Combined Council Buildings – Respondent


Advocates Appeared:
For the Petitioner: Kurian George Kannanthanam (SR.), Thomas George, Tony George Kannanthanam.
For the Respondents: Shri P. Vijayakumar, ASG of India, Sri. K.B. Ramanand, SPL.GP.

JUDGMENT :

Petitioner is the Principal of a Self Financing Pharmacy College. The petitioner’s College was established in the year 2016. The College started with B.Pharm with an intake capacity of 100. It is stated that the Educational Agency of the College is running a Medical College. This is situated in Wayanad District. Since this is a composite program and the institution had all the infrastructural and instructional facilities to provide more courses in the field of Pharmacy, the Educational Agency wanted to add on courses in Pharmacy, in the College. Therefore, the petitioner applied to the Pharmacy Council of India for approval to start Pharm.D, M.Pharm and D.Pharm courses.

2. Pharm.D is an integrated course of six years leading to doctoral degree. All these applications were given in 2020. The petitioner was on a bonafide belief that for grant of approval for the above courses, the NOC or the consent of affiliation of the examining body was required. Therefore the petitioner had applied to the State Government, the Director of Medical Education (DME) and the University for the consent of affiliation. Ext.P1 is the representation submitted by the petitioner to the Government f

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