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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. VICTORIA GOWRI
Sun College of Pharmacy & Research Centre, Represented by its Chairman – Appellant
Versus
Registrar, Tamilnadu Dr. MGR Medical University, Chennai – Respondent
| Table of Content |
|---|
| 1. writ petition against requirement of essentiality certificate. (Para 1) |
| 2. background on the necessity of essentiality certificates. (Para 2) |
| 3. arguments regarding the power of the state government in affiliation matters. (Para 3) |
| 4. state lacks power for essentiality certificate requirement. (Para 4) |
| 5. impugned order quashed; application to be processed. (Para 5) |
| 6. writ petition allowed with no costs. (Para 6) |
ORDER :
Challenging the impugned order dated 25.11.2024 requiring the petitioner to produce the essentiality certificate for considering the application for approval of affiliation of M.Pharm., Pharm.D and Pharm.D(PB) courses for the academic year 2025-26 this writ petition is filed.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.
4. The learned counsel appearing for the petitioner submitted that the State Government has no locus standi to seek for the essentiality certificate and the matter has already been well covered by the order of this Court in WP.No. 19594 of 2023 dated 30.06.2023 and
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.
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 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 Pharmacy Act and its regulations prevail over government orders, and an essentiality certificate is not required for starting additional pharmacy courses.
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 requirement of an Essentiality Certificate for additional nursing intake is consistent with prevailing regulations.
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