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2020 Supreme(Mad) 1517
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J.
PGP Educational & Welfare Society Represented by its Secretary K. Kandasamy, Establishing & Administering, Namakkal – Petitioner
Versus
The Registrar, Tamil Nadu Dr. MGR Medical University, Chennai & Others – Respondents
WP. No. 14834 of 2020 & WMP Nos. 18434 & 18436 of 2020
Decided On : 10-11-2020
For the Petitioner:G. Masilamani, Senior Counsel, D. Prabhu Mukunth Arunkumar, Advocate.
For the Respondent:Elayarajakumar for M/s. Ramalingam Associates, Advocates, M.T. Arunan, Standing Counsel, E. Manoharan, Special Government Pleader Assisted by Akhil Akbar Ali, Government Advocate.
The main legal point established is that the Pharmacy Act, 1948, and the Regulations framed under it by the Pharmacy Council of India prevail over the State Government's requirements regarding increased student intake in pharmacy education.
Headnote:
Pharmacy Council of India - Affiliation Issue - Pharmacy Act, 1948, Section 12 - Master of Pharmacy (M.Pharm) Course Regulations 2014 - Bachelor of Pharmacy (B.Pharm) Course Regulations 2014
Fact of the Case:
The petitioner institution sought provisional affiliation for increased student intake after approval from the Pharmacy Council of India. The university insisted on obtaining permission from the State Government, leading to the filing of the writ petition.
Finding of the Court:
The court found that the Pharmacy Act, 1948, and the Regulations framed under it by the Pharmacy Council of India govern the field of pharmacy education. The court held that the State Government and the University cannot insist on obtaining permission from the State Government for increased student intake, as it is not stipulated by the Pharmacy Council of India.
Issues: The main issue was whether the university could insist on obtaining permission from the State Government for increased student intake despite approval from the Pharmacy Council of India.
Ratio Decidendi: The court held that the Pharmacy Act, 1948, and the Regulations framed under it by the Pharmacy Council of India prevail over the State Government's requirements. It emphasized that the Regulations do not contemplate any permission from the State Government for increased student intake in existing institutions.
Final Decision: The court quashed the impugned letter issued by the university and directed the university to grant provisional affiliation to the petitioner institution for the academic year 2020-2021.
JUDGMENT :
(Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned letter of the 1st respondent in Lr.No.Affln.1I4)/18081/2020 dated 25.07.2020 quash the same and direct the 1st respondent to grant affiliation to the Petitioner College for an intake of 100 students in B.Pharm Degree Course and an intake of 12 students in M.Pharm Pharmaceutics Degree Course for the academic year 2020-21 pursuant to the approval granted by the 2nd respondent for an intake of 100 students in B.Pharm Degree Course and an intake of 12 students in M.Pharm Pharmaceutics Degree Course for the academic year 2020-21.)
1. The present Writ Petition has been filed challenging the Impugned Letter issued by the 1st Respondent University dt. 25.07.2020, wherein the Petitioner Institution has been directed to obtain permission from the Government to enhance the seats for B.Pharmacy and M.Pharmacy Courses and to submit the same along with the approval given by the Pharmacy Council of India, in order to enable the University to grant affiliation after taking into consideration the increase in intake of students.
2. The Petitioner Institution is imparting Pharmacy Education from the academic year 2007-2008 onwards. The Institution has been conducting the B.Pharmacy and M.Pharmacy Courses after obtaining the necessary approval from the Pharmacy Council of India and it is also affiliated to the 1st Respondent University. The Government of Tamil Nadu had also granted permission to the Institution at the time of starting the Courses from the academic year 2007-2008.
3. It is seen from records that till the academic year 2019-2020, the 1st Respondent University had granted affiliation for the B.Pharm Degree Course for an intake of 60 seats and for M.Pharm Degree Course for an intake of 15 seats. The same is clear from the proceedings of the 1st Respondent University dt.11.09.2019 and 6.12.2019 respectively.
4. The Central Council of the Pharmacy Council of India took a decision on 8/9.04.2020, to increase the intake in B.Pharm Degree Course from 60 to 100 Students. The intake was fixed at 12 seats for the M.Pharm Course. This decision was informed to the petitioner by letter dt. 10.04.2020.
5. The Petitioner Institution made a representation to the 1st Respondent University and sought for provisional affiliation for the academic year 2020-2021, after taking into consideration the increase in the intake that was permitted by the Pharmacy Council of India. On receipt of the representation, the impugned letter dt. 25.07.2020, came to be issued by the 1st Respondent University. Aggrieved by the same, the present Writ Petition has been filed before this Court.
6. The 1st Respondent University has filed a counter affidavit. The relevant portions in the Counter affidavit are extracted hereunder:
“12. I further submit that an order of Continuance of Provisional Affiliation was continuously granted to the Petitioner College to conduct the B.Pharmacy degree course from the academic year 2008-2009 to 2019-2020 with an annual intake of 60 seats. For the academic year 2020- 2021, the 2nd Respondent, has given approval of intake of students by increasing the seats from 60 to 100 seats in the B.Pharm Degree Course but however reduced the intake of students from 15 to 12 in the M.Pharm Degree Course in Pharmaceutics to the Petitioner College and further the approval was extended up to the academic year 2022-2023. The said approval was issued by the 2nd Respondent pursuant to the Decisions of 109th Central Council of the PCI held on 8th and 9th April, 2020.
13. I Further state that on such approval being granted by the 2nd Respondent the Petitioner College approached this Respondent University seeking for granting of affiliation, vide their letter dated 18.05.2020. Since the Petitioner College approached the Respondent university without obtaining the permission of the Government o
