Point of Law: DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.

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 for NOC to Pharm.D and M.Pharm. The University had issued their consent of affiliation for both the courses. Ext.P2 is the consent of affiliation by the University to Pharm.D course and Ext.P3 is the similar consent of affiliation issued to M.Pharm. Since the matter was getting delayed as far as D.Pharm is concerned, the petitioner again gave a representation to the DME on 20.04.2021. This was so given because the DME is the examining authority for D.Pharm. Ext.P4 is the representation. The DME rejected the application as per Ext.P5. In Ext.P5, the only reason said for rejection of NOC by DME is that NOC from the Government is essential to start D.Pharm. Subsequently the matter was considered by the 1st respondent in their meeting dated 10.06.2021. Ext.P6 is the Minutes of the meeting dated 10.06.2021. As per Ext.P6, the 1st respondent rejected the request for D.Pharm course because the institution has failed to submit consent of affiliation of Examining Authority. As far as M.Pharm and Pharm.D courses are concerned, the same was approved and D.Pharm course alone is rejected. The petitioner filed an appeal to the Executive Committee. But, as per Ext.P7, the appeal was also dismissed because of the reason that the institution has failed to submit consent of affiliation of Examining Authority for D.Pharm course. Aggrieved by the same, this writ petition is filed, mainly challenging Exts.P6 and P7.

3. Heard the counsel for the petitioner and ASGI who appeared for the 1st respondent. I also heard the Government Pleader for respondents 2 and 3.

4. The Senior Counsel who appeared for the petitioner submitted that the point to be decided is whether NOC is required for grant of approval for D.Pharm by the 1st respondent and if the same is necessary, whether the reasoning of DME to reject the same is in accordance to law. The Senior Counsel takes me through Sections 10 and 12 of the Pharmacy Act, 1948. The Senior Counsel also takes me through Ext.P9, which is the Education Regulation, 2020 for Diploma course in Pharmacy. The Senior Counsel submitted that as per Clause 8 of Ext.P9, there is no stipulation that a consent of affiliation of the Examining Authority is necessary. The Senior Counsel submitted that Ext.P10 is the Scheme for approval of D.Pharm course under Section 12 of the Pharmacy Act. The Senior Counsel submitted that the Scheme itself is framed without any source of power. The Senior Counsel takes me through the Bachelor of Pharmacy (B.Pharm) Course Regulation, 2014, (hereinafter referred to as 'Regulation 2014') in which there is a corresponding provision like Clause 8 in Ext.P9. The Senior Counsel submitted that in that Regulation, there is a specific provision enabling to frame a Scheme. But the said provision is not there in Ext.P9 Regulation wh