JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records, pertaining to the impugned order passed by the 1st Respondent in Lr.No.Affln.I(1)/15826/2016 dated 13.01.2021 and quash the same and consequently direct the 1st Respondent to grant consent of affiliation to the petitioner college to start additional courses namely M. Pharm (2 branches namely M. Pharm (Pharmaceutics) and M.Pharm (Pharmacy Practice)) and Pharm.D for the academic year 2022-23 without insisting on the Essentiality Certificate from the Government.)

1. The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records, pertaining to the impugned order passed by the first respondent in Lr.No.Affln.I(1)/15826/2016 dated 13.01.2021 and to quash the same and to consequently direct the first respondent to grant consent of affiliation to the petitioner college to start additional courses namely M.Pharm (2 branches namely M. Pharm (Pharmaceutics) and M.Pharm (Pharmacy Practice)) and Pharm.D for the academic year 2022-23 without insisting on the Essentiality Certificate from the Government.

2. The case of the petitioner is that the petitioner institution was established under the management and administration of Sri. Rengaswamy Educational Trust and is affiliated with the first respondent with the approved intake of 100 seats from the Pharmacy Council of India/ second respondent. The affiliation accorded by the first respondent in favour of the petitioner institution is subsisting and is in force for the academic year 2021 -22.

3. The further case of the petitioner is that as per the Scheme framed under the Regulations of the Master of Pharmacy (M.Pharm) Course Regulation 2014 and Scheme framed under Regulation 9 of the Pharm.D Regulations 2008, institutions which were approved by the Pharmacy Council of India for B.Pharm Course under Section 12 of the Pharmacy Act, 1948, for the purpose of Registration as a Pharmacist, are eligible to apply to the second respondent for starting M.Pharm and Pharm.D Courses. Accordingly, the petitioner institution applied to the first respondent for its consent to start M.Pharm (2 branches namely M. Pharm (Pharmaceutics) and M.Pharm (Pharmacy Practice)) and Pharm.D courses for the academic year 2022-23, however, the first respondent returned the petitioner’s application on the ground that the petitioner institution did not submit the Essentiality Certificate from the Government. Challenging the same, the petitioner has filed this writ petition.

4. The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is no longer res integra and further submitted that already the Hon’ble Division Bench of this Court had dealt with similar issue in W.A.No.3534 of 2019 (Annai J.K.K. Sampoorani Ammal Charitable Trust Represented by its Management Trustee Vs. The Tamil Nadu Dr. MGR Medical University) and further submitted that the said decision was followed by this Court in W.P.No.24404 of 2021 (Sree Abirami Charitable Trust Vs. The Registrar, Tamil Nadu Dr. MGR Medical University).

5. The learned Special Government Pleader appearing for the first respondent did not dispute the facts submitted by the learned counsel appearing for the petitioner, however, he sought time to file a formal counter and submitted that the petitioner has not produced the permission granted to the petitioner under Section 12 of the Pharmacy Act and further submitted that if the petitioner produce the same, there is no impediment for the first respondent to consider the petitioner’s request without insisting for the Essentiality Certificate.

6. Heard the arguments advanced on either side and perused the materials placed on record.

7. The issue involved in this writ petition is no longer res integra. Already the Hon’ble Division Bench of this Court had dealt with similar issue in W.A.No.3534 of 2