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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
Sengunthar Charitable Trust – Appellant
Versus
Registrar, Tamil Nadu Dr. MGR Medical University – Respondent
ORDER :
1. Writ petition is filed challenging the impugned order passed by the first respondent dated 24.02.2025, returning the petitioner's application for non-submission of essentiality certificate as per Government Orders and consequently to grant consent of affiliation to the petitioner college to start additional courses namely M.Pharm (Regulatory Affairs) and Pharm.D (Post Baccalaureate) courses for the academic year 2025-2026.
2. The petitioner college is eligible to start additional courses namely M.Pharm (Regulatory Affairs) and Pharm D (Post Baccalaureate) as per the regulations of the second respondent ie., The Pharmacy Council of India scheme of regulations for M.Pharm and Pharm,D Courses. The pre-requisite mandatory documents to be submitted as per the 2014 regulations is the consent of affiliation of examining authority (the first respondent University) for M.Pharm Course (for each specilization) and as per Pharm.D Regulations the prerequisite mandatory documents to be submitted are consent of affiliation of examining authority (1st respondent University) and MOU with 300 bedded hospital. The petitioner college is conducting M.Pharm(Pharmaceutics) and Pharm D Courses fr
The Pharmacy Act and its regulations prevail over government orders, and an essentiality certificate is not required for starting additional pharmacy courses.
The Pharmacy Act and its regulations govern Pharmacy Education, and state guidelines cannot impose additional requirements such as an Essentiality Certificate.
The insistence on an Essentiality Certificate from the government for granting course affiliation was held unjustified as per Pharmacy Council regulations, supporting the autonomy of the institution ....
The Pharmacy Act, 1948 prevails over general educational regulations, allowing affiliations based on Pharmacy Council approval without additional Government clearance.
The insistence on an Essentiality Certificate by the University is unjustified as the Pharmacy Act's regulations prioritize the Pharmacy Council's approval over state requirements.
The State Government lacks the authority to require an essentiality certificate for the approval of pharmacy course affiliations, as established by prior court rulings.
The State Government lacks authority to require an essentiality certificate for processing consent of affiliation for educational courses.
DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.
The court established that 'consent of affiliation' is a non-mandatory requirement for educational institutions applying to run D.Pharm courses.
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