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 in pharmacy education.

ORDER :

(N. MALA, J.)

Writ Petition is filed challenging the impugned order dated 14.03.2025 passed by the 1^st respondent rejecting the request to grant consent of affiliation to the petitioner college to start additional course namely, M.Pharm (Pharmaceutics), M.Pharm (Pharamaceutical Analysis) M.Pharam (Pharmacology) M. Pharam (Pharmacy Practice) and M.Pharm (Regulatory affairs) and Pharm.D course, for the academic year 2025-26 without insisting Essentiality certificate from the Government.

2. The petitioner-Trust applied to the Government of Tamil Nadu to start a four-year Bachelor of Pharmacy Degree Course (B.Pharm) at Sathy Road, SNS Kalvi Nagar, Saravanampatti Post, Coimbatore, under the name and style of SNS College of Pharmacy and Health Sciences, from the academic year 2019–20, with an intake of 100 seats. The Pharmacy Council of India/2^nd respondent granted approval to the petitioner-Trust to start the B.Pharm course vide order dated 10.06.2019. Subsequently, the Government granted permission to start the four-year B.Pharm Degree Course from the academic year 2019–20 with an annual intake of 100 seats, vide G.O.Ms.No.312 dated 12.07.2019. Pursuant to the said Government order, the 1st respondent-University granted provisional affiliation to the petitioner-Trust vide order dated 12.09.2019. The petitioner-Trust had successfully completed one batch of the B.Pharm Degree Course from 2019–2020 to 2022–2023. The 2^nd respondent/Pharmacy Council of India approved the said course under Section 12 of the PHARMACY ACT , 1948, for the purpose of registration as a Pharmacist, vide order dated 30.05.2023.

3. The petitioner further stated that, as per the scheme framed under Regulation 4.1(b) of the Master of Pharmacy (M.Pharm) Course Regulations, 2014, dated 18.01.2021, and the scheme framed under Regulation 9 of the Pharm.D Regulations, 2008, institutions approved by the Pharmacy Council of India for the B.Pharm course under Section 12 of the PHARMACY ACT , 1948, for the purpose of registration as a Pharmacist, were eligible to apply to the 2nd respondent/Pharmacy Council of India for starting M.Pharm and Pharm.D courses.

4. The petitioner- trust, vide letter dated 24.02.2025, requested the 1st respondent/University to issue consent of affiliation/certificate of registration for M.Pharm (Pharmaceutics), M.Pharm (Pharmaceutical Analysis), M.Pharm (Pharmacology), M.Pharm (Pharmacy Practice), M.Pharm (Regulatory Affairs), and Pharm.D course for the academic year 2025–26. The 1st respondent, without considering the above statutory provisions for affiliation, simply rejected the request vide impugned order dated 14.03.2025, on the ground that the application was not accompanied by the Essentiality Certificate as mandated by G.O.(Ms) Nos. 228 & 2298, dated 04.05.2021, issued by the Health and Family Welfare (PME-2) Department, Secretariat, Chennai.

5. According to the petitioner, the 1st respondent-University, is an independent statutory body, and in the absence of any regulation, insistence on the essentiality certificate from the Government was unreasonable. The petitioner therefore prayed that the impugned rejection order passed by the 1st respondent be set aside.

6. Heard both sides and perused the materials available on record.

7. The core issue to be decided in this writ petition is whether the insistence on the Essentiality Certificate from the Government as per the G.O.Ms.Nos.228 and 229, issued by the Health and Family Welfare Department, dated 04.05.2021, is justified or not.

8. The scheme framed under Regulation 9 of the Pharm.D Regulations, 2008, reads as follo