A. Mahesh vs K. K. College of Pharmacy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(Mad) 293

High Court of Judicature at Madras
The Honourable Mr. Justice D. Murugesan
A. Mahesh and others
Vs.
The K.K.College of Pharmacy, rep. by its Principal/Correspondent, 18, Arcot Road Saligramam, Chennai-93 and others
W.P.Nos.4248 of 2001 and 20477 of 2001 and W.P.M.P.30200 of 2001
Decided on : 10-04-2002

Advocates Appeared:
Mr. Ananad Venkatesh, Advocate for Petitioner in W.P. No.4248 of 2001; Mr. S. Gopinathan, Advocate for Petitioner in W.P.No.20477 of 2001. Mr. V.P. Rajendran, Advocate for Respondent No.1; Mr. M. Vellaisamy, Advocate for Respondent No.2; Mr. S. Kandasamy, Special Government Pleader for Respondent No.3 in W.P.No.4248 of 2001 and Respondent No. 6 in W.P.No. 20477 of 2001; Mr. R.Santhanam, Special Central Government Standing Counsel Resondent No. 4 in W.P.No.4248 of 2001 and Respondent No.3 in W.P.No. 20477 of 2001; Mr. Rangaramanujam, Advocate Respondent No.5 in W.P.No.4248 of 2001 and Respondent No.4 in W.P.No. 20477 of 2001 and Mr. N. Muralikumaran Additional Central Government Standing Counsel, Respondent No.6 in W.P.No.4248 of 2001 for and Respondent No.5 in W.P.No. 20477 of 2001

Headnote:
Pharmacy Act - AICTE Act - [Section 2(i), Section 3, Section 10, Section 12, Section 15(A), Section 15(B), Section 29, Section 31, Section 32(A), Section 32(B)] - The court considered the provisions of the Pharmacy Act, 1948 and the All India Council for Technical Education Act, 1987 to determine whether approval from the Pharmacy Council of India is necessary for a college approved by AICTE to impart education in Pharmacy Degree course. The court held that the AICTE Act, being a special enactment for laying down norms and standards for technical education, prevails over the Pharmacy Act in regulating the colleges in the matter of laying down norms and standards for courses in pharmacy. Consequently, the students who completed the course under the prescribed syllabi approved by AICTE and were conferred Degrees by the University are entitled to get themselves registered as Pharmacists.
Fact of the Case:

The petitioners, students of a college approved by AICTE, sought registration as Pharmacists from the Pharmacy Council of India after completing the Pharmacy Degree course. The Council refused registration citing lack of recognition for the college under the Pharmacy Act, 1948.
Finding of the Court:

The court held that the AICTE Act prevails over the Pharmacy Act in regulating the norms and standards for courses in pharmacy. As the students completed the course under the prescribed syllabi approved by AICTE and were conferred Degrees by the University, they are entitled to get themselves registered as Pharmacists.
Issues: The main issue was whether approval from the Pharmacy Council of India is necessary for a college approved by AICTE to impart education in Pharmacy Degree course.
Ratio Decidendi: The AICTE Act, being a special enactment for laying down norms and standards for technical education, prevails over the Pharmacy Act in regulating the colleges in the matter of laying down norms and standards for courses in pharmacy.
Final Decision: The court directed the Registrar, Tamil Nadu Pharmacy Council, to entertain the applications from the petitioners for entering their names in the register maintained by the State Council and further action to forward the same to the Central Council to enable the petitioners to practice as Pharmacists. Both the writ petitions were allowed.

Judgment :

1. Since the issues involved in both the writ petitions are one and the same, by consent of parties, both the writ petitions are taken up together for disposal by this common order.

2. The petitioners in W.P.No.4248 of 2001 are the students of the first respondent college namely K.K.College of Pharmacy, Saligramam, Chennai. The said college is functioning from the academic year October 1992. Initially it was approved by the Government of Tamil Nadu and was recognised by the Pharmacy Council of India, New Delhi under the provisions of Pharmacy Act, 1948 (hereinafter referred to as the "Pharmacy Act") to impart education in Bachelor of Pharmacy course. In view of the enactment of the All India Council for Technical Education Act, 1987 (hereinafter referred to as "AICTE Act"), the said college was approved by the Council constituted under the said Act from the year 1994 and was affiliated to Dr. M.G.R. Medical University, and there was no approval from the Pharmacy Council thereafter. The first petitioner appeared for the entrance examination conducted by the Government of Tamil Nadu for admission to the said course during the year 1995 and was admitted under free seat category, and the petitioners 2 to 9 were admitted in the college under the payment category. All the petitioners underwent and completed the B.Pharm. Degree course successfully and were conferred Degrees by the University. The petitioner in W.P.No.20477 of 2001 was also admitted to the B.Pharm. Degree Course in the first respondent college during the year 1994 under the payment seat category. The petitioner after completing the said course joined in the M.Pharm Degree course in C.L.Baid Metha College of Pharmacy, Chennai during 1998 and completed the same during the year 2001. The Tamil Nadu Dr. M.G.R. Medical University had also granted the course completion certificate to the petitioners.

3. On the strength of completion of the course and conferment of degrees, all the petitioners approached the Registrar, Pharmacy Council of Tamil Nadu, requesting to enter their names in the Register so as to enable to practice as Pharmacists. However, the petitioners were informed by the Registrar, Pharmacy Council of Tamil Nadu that the Pharmacy Council of India, New Delhi had not recognised the college under the provisions of the Pharmacy Act, 1948 and hence, the request of the petitioners even to apply for registration with the Pharmacy Council of India cannot be accepted. Hence, the petitioners have approached the Pharmacy Council of India in their letter dated 20.2.2001 requesting the Council to take necessary steps to obtain the registration of the college so as to enable them to get registered under the Pharmacy Council. Since there was no response from the Pharmacy Council of India, the petitioners have approached this Court for a writ of mandamus directing the Secretary, Pharmacy Council of India, New Delhi to issue certificate of "Registered Pharmacists" to the petitioners.

4. Mr.Anand Venkatesh, learned counsel appearing for the petitioners in W.P.No.4248 of 2001 and Mr.S.Gopinathan, learned counsel for the petitioner in W.P.No.20477 of 2001 submitted that the college in which the petitioners underwent the course was approved by the Government of Tamil Nadu and was recognised by All India Council for Technical Education (hereinafter referred to as "AICTE") at the time when the petitioners were admitted to the college. The petitioners have also completed the course successfully and have been issued with necessary certificates evidencing their successful completion of the course by the Tamil Nadu Dr. M.G.R. Medical University and therefore, the refusal on the part of the Pharmacy Council of India to register their names to enable them to practice would be unfair, without any reason and consequently deprive the legitimate right of the petitioners to practice as Pharmacists for which they are qualified. It is the further contention of the petitioners that af

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2002 Supreme(Mad) 293

Cases Referred (1)