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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice VIVEK KUMAR SINGH
Tagore Educational Trust, rep. By its Chairperson & Managing Trustee Dr.M.Mala – Appellant
Versus
Registrar, Tamil Nadu Dr.MGR Medical University – Respondent
| Table of Content |
|---|
| 1. petitioner seeks affiliation for additional pharmacy courses. (Para 1 , 2) |
| 2. arguments presented by both parties on affiliation consent. (Para 3) |
| 3. petitioner's arguments for relief presented. (Para 4 , 5) |
| 4. court's interpretation of regulatory compliance. (Para 6 , 7) |
| 5. insistence on government consent found unjustified. (Para 8) |
| 6. writ petition allowed; no costs imposed. (Para 9) |
ORDER :
(VIVEK KUMAR SINGH, J.)
This writ petition has been filed to quash the impugned order dated 20/11/2024, and direct the first respondent to grant consent of affiliation to the petitioner College to start additional course namely M.Pharm (Pharmaceutics) and Pharm D courses, for the academic year 2025 – 26 without insisting on Essentiality Certificate from the Government.
2. The writ petitioner is running “Tagore College of Pharmacy”, which is a recognized institution. They have started the College of Pharmacy to conduct B Pharmacy course with an annual intake of 60 students. They have applied with necessary documents for the consent of affiliation of the first respondent to commence additional courses namely M.Pharm (Pharmaceutics) and Pharm D courses for the academic year 2025 – 20
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.
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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