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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice N. MALA
SNS Charitable Trust, Rep. By Its Secretary/Trustee, S. Nalin Vimal Kumar – Appellant
Versus
Tamilnadu Dr. MGR Medical University – Respondent
| Table of Content |
|---|
| 1. petitioner's background and request details (Para 1 , 2 , 3 , 4 , 5) |
| 2. main issue: necessity of essentiality certificate (Para 6 , 7) |
| 3. regulatory requirements for m.pharm and pharm.d courses (Para 8 , 9) |
| 4. supreme court precedent on essentiality certificate (Para 10 , 11 , 12 , 13) |
| 5. quashing of rejection order and directive to reconsider (Para 14 , 15) |
ORDER :
(N. MALA, J.)
Writ Petition is filed challenging the impugned order dated 14.03.2025 passed by the 1st 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 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 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 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.
Consent of affiliation from the examining authority is not required for D.Pharm course approval according to the Pharmacy Act.
DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.
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