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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Global Pharmacy College – Appellant
Versus
State of Rajasthan – Respondent
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 12.02.2025 may kindly be declared illegal and be quashed and set aside.
D. By appropriate writ, order or direction the respondent State Government may kindly be directed to grant NOC in favour of the Petitioner institution to undertake the B.Pharmacy course for academic year 2025-26 and for subsequent academic years.
E. That the Rajasthan University of Health Sciences be directed to grant and continue affiliation for the academic year 2025-26 and for subsequent academic years.
F. Any other order or direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may kin
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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