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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Global Pharmacy College – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. arguments about the arbitrary nature of the ban. (Para 3) |
| 2. concerns over employment demand for b-pharma graduates. (Para 4) |
| 3. examination of legislative competence of the state. (Para 5 , 6 , 7) |
| 4. reference to the supreme court's observations. (Para 8) |
| 5. ban on private colleges viewed as discriminatory. (Para 9 , 10) |
| 6. writ petition allowed against the impugned order. (Para 11) |
| 7. noc must be issued to petitioner under valid criteria. (Para 12 , 13) |
| 8. requests regarding fee refund for the academic year. (Para 14) |
| 9. final directions issued regarding pending applications. (Para 15) |
ORDER :
1. This writ petition has been filed by the petitioner - Institution with the following prayer :-
A. By appropriate writ, order or direction the order dated 26.04.2025 (Annex.12) issued by Government of Rajasthan Medical education “Group-I” department deserves to be declared illegal and be quashed and set aside.
B. That the respondent State may kindly be directed to grant NOC to the Petitioner institution for academic year 2025-26 and subsequent year;
C. By appropriate writ, order or direction the decision taken by Pharmacy Council of India in its 423th Execution Committee held on 12.
The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
Opening of new Pharmacy Colleges – Merely because an institution has a right to establish an educational institution does not mean that such an application has to be allowed – In a particular area, i....
The PCI cannot impose a moratorium on the establishment of new pharmacy colleges by way of an executive decision without framing Regulations under Section 10 of the Pharmacy Act, 1948. The impugned d....
The main legal point established in the judgment is that the Pharmacy Council of India's decision to impose a moratorium on opening new pharmacy colleges for a period of five years was not permissibl....
The Court established that existing pharmacy colleges are not subject to a moratorium on new institutions, allowing them to obtain necessary approvals if they meet regulatory requirements.
Educational institutions can continue to operate and expand programs in the absence of established regulatory frameworks under relevant legislation until such regulations are in place.
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