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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice VIVEK KUMAR SINGH
Thandapani Pillai & Sons Educational & Charitable Trust, Established and Administering Sir Issac Newton College of Pharmacy Pappakoil – Appellant
Versus
Registrar, Tamil Nadu Dr. MGR Medical University – Respondent
| Table of Content |
|---|
| 1. writ petition details and college's request. (Para 1 , 2) |
| 2. arguments presented from both sides regarding the need for approvals. (Para 3) |
| 3. petitioner's arguments against university's conditions. (Para 4 , 5) |
| 4. court's interpretation of pharmacy act. (Para 6 , 7) |
| 5. court orders to process petitioner's application. (Para 8) |
| 6. court's final order on writ petition. (Para 9) |
ORDER :
(VIVEK KUMAR SINGH, J.)
This writ petition has been filed to quash the impugned order dated 24/12/2024, and consequently, direct the first respondent to grant consent of affiliation to the petitioner College to start additional course namely M.Pharm (Pharmaceutics, Pharmacy Practice and Pharmaceutical Chemistry) and Pharm D course, for the academic year 2025 – 26 without insisting on Essentiality Certificate from the Government.
2. The writ petitioner is running “Thandapani Pillai & Sons Educational & Charitable Trust”. They have started the College with an annual intake of 60 students. They have applied with necessary documents for the consent of affiliation to commence additional courses namely M.Pharm (Pharmaceutics, Pharmacy Practice and Pharmaceutical Chemistry) and Pharm D course for t
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 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 State Government lacks authority to require an essentiality certificate for processing consent of affiliation for educational courses.
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 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.
DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.
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