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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice N. MALA
Erode Builder Educational Trust – Appellant
Versus
Registrar Tamil Nadu Dr.MGR Medical University – Respondent
| Table of Content |
|---|
| 1. petitioner's request for seat increase. (Para 1 , 2) |
| 2. contentions regarding regulatory approval. (Para 3 , 4 , 5) |
| 3. arguments raised regarding discrimination and statute application. (Para 6) |
| 4. court distinguishes statutes from applicable pharmacy act provisions. (Para 7 , 9 , 11) |
| 5. norms of pharmacy act prevail over university statutes. (Para 10 , 12 , 13) |
| 6. court sets aside the impugned order. (Para 15 , 16) |
ORDER :
N. Mala, J.
The petitioner, aggrieved by the impugned order rejecting the petitioner's request for increasing the intake of seats from 60 to 100 for the academic year 2024-25 in B.Pharm Degree, has filed the present Writ Petition for the aforesaid relief.
2. The petitioner Trust was granted permission to start B.Pharm Degree Course vide G.O.Ms.No.191 dated 30.07.2024, with an annual intake of 60 students from the academic year 2024-25 onwards. The second respondent, Pharmacy Council of India, granted approval to admit 60 students for the academic year 2024-25 vide its decision dated 21.10.2024. The first respondent University granted provisional affiliation on 29.10.2024, for starting B.Pharm Degree Course to the petitioner college with an annual intak
The Pharmacy Act, 1948 governs pharmacy education and prevails over university statutes; the university’s rejection of seat intake increase based on its statute was unjustified.
Power under Article 226 of Constitution of India should exercise discretion consistent with provisions of law and High Court shall ensure that rule of law is enforced by authorities and organs of Sta....
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 Pharmacy Act, 1948 prevails over general educational regulations, allowing affiliations based on Pharmacy Council approval without additional Government clearance.
Existing allied health institutions' applications for intake increase in ongoing courses must be processed by university on merits, per prior Division Bench directions.
Affiliation of B. Pharma course – University directed to grant affiliation to petitioner colleges for academic year 2020-21 and also permit students of petitioner colleges to participate in special e....
Existing institutions may seek additional course intakes despite unframed regulations under the Doctrine of Necessity.
The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
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