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IN THE HIGH COURT OF ALLAHABAD
OM PRAKASH SHUKLA, J.
Committee Of Management, Jai Prakash Charitable Trust Thru. Admin Shri Rakesh Bahadur Singh - Petitioner
Versus
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Edu. Lko. And Others – Respondents
WRIT C. No. 4953 Of 2023, WRIT C. No. 4954 of 2023, WRIT C. No. 4955 of 2023, WRIT C. No. 4956 of 2023, WRIT C. No. 4958 of 2023, WRIT C. No. 4960 of 2023, WRIT C. No. 4962 of 2023, WRIT C. No. 4996 of 2023, WRIT C. No. 5000 of 2023, WRIT C. No. 5001 of 2023, WRIT C. No. 5002 of 2023, WRIT C. No. 5007 of 2023, WRIT C. No. 5018 of 2023, WRIT C. No. 5069 of 2023, WRIT C. No. 5097 of 2023, WRIT C. No. 5098 of 2023, WRIT C. No. 5134 of 2023, WRIT C. No. 5153 of 2023, WRIT C. No. 5166 of 2023, WRIT C. No. 5167 of 2023, WRIT C. No. 5168 of 2023, WRIT C. No. 5169 of 2023, WRIT C. No. 5170 of 2023, WRIT C. No. 5252 of 2023, WRIT C. No. 5254 of 2023, WRIT C. No. 5255 of 2023, WRIT C. No. 5258 of 2023, WRIT C. No. 5265 of 2023, WRIT C. No. 5266 of 2023, WRIT C. No. 5267 of 2023, WRIT C. No. 5269 of 2023, WRIT C. No. 5270 of 2023, WRIT C. No. 5271 of 2023, WRIT C. No. 5272 of 2023, WRIT C. No. 5273 of 2023, WRIT C. No. 5274 of 2023, WRIT C. No. 5275 of 2023, WRIT C. No. 5277 of 2023, WRIT C. No. 5278 of 2023, WRIT C. No. 5281 of 2023, WRIT C. No. 5283 of 2023, WRIT C. No. 5294 of 2023, WRIT C. No. 5297 of 2023, WRIT C. No. 5298 of 2023, WRIT C. No. 5311 of 2023, WRIT C. No. 5314 of 2023, WRIT C. No. 5315 of 2023, WRIT C. No. 5317 of 2023, WRIT C. No. 5323 of 2023, WRIT C. No. 5334 of 2023, WRIT C. No. 5338 of 2023, WRIT C. No. 5341 of 2023, WRIT C. No. 5342 of 2023, WRIT C. No. 5344 of 2023, WRIT C. No. 5345 of 2023, WRIT C. No. 5346 of 2023, WRIT C. No. 5348 of 2023, WRIT C. No. 5352 of 2023, WRIT C. No. 5354 of 2023, WRIT C. No. 5357 of 2023, WRIT C. No. 5361 of 2023, WRIT C. No. 5363 of 2023, WRIT C. No. 5368 of 2023, WRIT C. No. 5372 of 2023, WRIT C. No. 5374 of 2023, WRIT C. No. 5380 of 2023, WRIT C. No. 5390 of 2023, WRIT C. No. 5393 of 2023, WRIT C. No. 5394 of 2023, WRIT C. No. 5395 of 2023, WRIT C. No. 5397 of 2023, WRIT C. No. 5399 of 2023, WRIT C. No. 5409 of 2023, WRIT C. No. 5410 of 2023, WRIT C. No. 5412 of 2023, WRIT C. No. 5413 of 2023, WRIT C. No. 5414 of 2023, WRIT C. No. 5415 of 2023, WRIT C. No. 5437 of 2023, WRIT C. No. 5440 of 2023, WRIT C. No. 5456 of 2023, WRIT C. No. 5459 of 2023, WRIT C. No. 5463 of 2023, WRIT C. No. 5464 of 2023, WRIT C. No. 5466 of 2023, WRIT C. No. 5467 of 2023, WRIT C. No. 5468 of 2023, WRIT C. No. 5487 of 2023, WRIT C. No. 5488 of 2023, WRIT C. No. 5489 of 2023, WRIT C. No. 5503 of 2023, WRIT C. No. 5505 of 2023, WRIT C. No. 5509 of 2023, WRIT C. No. 5519 of 2023, WRIT C. No. 5520 of 2023, WRIT C. No. 5521 of 2023, WRIT C. No. 5522 of 2023, WRIT C. No. 5523 of 2023, WRIT C. No. 5530 of 2023, WRIT C. No. 5532 of 2023, WRIT C. No. 5533 of 2023, WRIT C. No. 5542 of 2023, WRIT C. No. 5544 of 2023, WRIT C. No. 5546 of 2023, WRIT C. No. 5554 of 2023, WRIT C. No. 5556 of 2023, WRIT C. No. 5560 of 2023, WRIT C. No. 5561 of 2023, WRIT C. No. 5566 of 2023, WRIT C. No. 5581 of 2023, WRIT C. No. 5583 of 2023, WRIT C. No. 5585 of 2023, WRIT C. No. 5587 of 2023, WRIT C. No. 5589 of 2023, WRIT C. No. 5601 of 2023, WRIT C. No. 5602 of 2023, WRIT C. No. 5614 of 2023, WRIT C. No. 5619 of 2023, WRIT C. No. 5641 of 2023, WRIT C. No. 5643 of 2023,WRIT C. No. 5650 of 2023, WRIT C. No. 5655 of 2023, WRIT C. No. 5660 of 2023, WRIT C. No. 5670 of 2023, WRIT C. No. 5672 of 2023, WRIT C. No. 5674 of 2023, WRIT C. No. 5678 of 2023, WRIT C. No. 5681 of 2023, WRIT C. No. 5683 of 2023, WRIT C. No. 5685 of 2023, WRIT C. No. 5687 of 2023, WRIT C. No. 5688 of 2023, WRIT C. No. 5690 of 2023, WRIT C. No. 5691 of 2023, WRIT C. No. 5692 of 2023, WRIT C. No. 5693 of 2023, WRIT C. No. 5694 of 2023, WRIT C. No. 5695 of 2023, WRIT C. No. 5696 of 2023, WRIT C. No. 5697 of 2023, WRIT C. No. 5707 of 2023, WRIT C. No. 5726 of 2023, WRIT C. No. 5743 of 2023, WRIT C. No. 5753 of 2023, WRIT C. No. 5757 of 2023, WRIT C. No. 5759 of 2023, WRIT C. No. 5760 of 2023, WRIT C. No. 5761 of 2023, WRIT C. No. 5762 of 2023, WRIT C. No. 5774 of 2023, WRIT C. No. 5778 of 2023, WRIT C. No. 5780 of 2023, WRIT C. No. 5789 of 2023, WRIT C. No. 5791 of 2023, WRIT C. No. 5792 of 2023, WRIT C. No. 5796 of 2023, WRIT C. No. 5811 of 2023, WRIT C. No. 5827 of 2023, WRIT C. No. 5831 of 2023, WRIT C. No. 5832 of 2023, WRIT C. No. 5859 of 2023, WRIT C. No. 5860 of 2023, WRIT C. No. 5862 of 2023, WRIT C. No. 5867 of 2023, WRIT C. No. 5888 of 2023, WRIT C. No. 5889 of 2023, WRIT C. No. 5890 of 2023, WRIT C. No. 5891 of 2023, WRIT C. No. 5892 of 2023, WRIT C. No. 5933 of 2023, WRIT C. No. 5935 of 2023, WRIT C. No. 5952 of 2023, WRIT C. No. 5956 of 2023, WRIT C. No. 5957 of 2023, WRIT C. No. 5965 of 2023, WRIT C. No. 5969 of 2023, WRIT C. No. 5970 of 2023, WRIT C. No. 5971 of 2023, WRIT C. No. 5972 of 2023, WRIT C. No. 5975 of 2023, WRIT C. No. 5995 of 2023, WRIT C. No. 5996 of 2023, WRIT C. No. 5998 of 2023, WRIT C. No. 6000 of 2023, WRIT C. No. 6001 of 2023, WRIT C. No. 6015 of 2023, WRIT C. No. 6056 of 2023, WRIT C. No. 6060 of 2023, WRIT C. No. 6062 of 2023, WRIT C. No. 6067 of 2023, WRIT C. No. 6070 of 2023, WRIT C. No. 6072 of 2023, WRIT C. No. 6077 of 2023, WRIT C. No. 6079 of 2023, WRIT C. No. 6096 of 2023, WRIT C. No. 6099 of 2023, WRIT C. No. 6105 of 2023, WRIT C. No. 6108 of 2023, WRIT C. No. 6119 of 2023, WRIT C. No. 6149 of 2023, WRIT C. No. 6150 of 2023, WRIT C. No. 6152 of 2023, WRIT C. No. 6154 of 2023, WRIT C. No. 6156 of 2023, WRIT C. No. 6157 of 2023, WRIT C. No. 6158 of 2023, WRIT C. No. 6159 of 2023, WRIT C. No. 6163 of 2023, WRIT C. No. 6164 of 2023, WRIT C. No. 6169 of 2023, WRIT C. No. 6172 of 2023, WRIT C. No. 6173 of 2023, WRIT C. No. 6191 of 2023, WRIT C. No. 6194 of 2023, WRIT C. No. 6198 of 2023, WRIT C. No. 6199 of 2023, WRIT C. No. 6201 of 2023, WRIT C. No. 6205 of 2023, WRIT C. No. 6215 of 2023, WRIT C. No. 6221 of 2023, WRIT C. No. 6224 of 2023, WRIT C. No. 6228 of 2023, WRIT C. No. 6237 of 2023, WRIT C. No. 6252 of 2023, WRIT C. No. 6253 of 2023, WRIT C. No. 6255 of 2023, WRIT C. No. 6256 of 2023, WRIT C. No. 6257 of 2023, WRIT C. No. 6258 of 2023, WRIT C. No. 6259 of 2023, WRIT C. No. 6264 of 2023, WRIT C. No. 6266 of 2023, WRIT C. No. 6277 of 2023, WRIT C. No. 6279 of 2023, WRIT C. No. 6281 of 2023, WRIT C. No. 6286 of 2023, WRIT C. No. 6287 of 2023, WRIT C. No. 6297 of 2023, WRIT C. No. 6299 of 2023, WRIT C. No. 6305 of 2023, WRIT C. No. 6306 of 2023, WRIT C. No. 6308 of 2023, WRIT C. No. 6311 of 2023, WRIT C. No. 6323 of 2023, WRIT C. No. 6328 of 2023, WRIT C. No. 6340 of 2023, WRIT C. No. 6341 of 2023, WRIT C. No. 6342 of 2023, WRIT C. No. 6344 of 2023, WRIT C. No. 6345 of 2023, WRIT C. No. 6347 of 2023, WRIT C. No. 6350 of 2023, WRIT C. No. 6353 of 2023, WRIT C. No. 6359 of 2023, WRIT C. No. 6363 of 2023, WRIT C. No. 6365 of 2023, WRIT C. No. 6373 of 2023, WRIT C. No. 6375 of 2023, WRIT C. No. 6376 of 2023, WRIT C. No. 6378 of 2023, WRIT C. No. 6379 of 2023, WRIT C. No. 6384 of 2023, WRIT C. No. 6386 of 2023, WRIT C. No. 6390 of 2023, WRIT C. No. 6391 of 2023, WRIT C. No. 6394 of 2023, WRIT C. No. 6395 of 2023, WRIT C. No. 6397 of 2023, WRIT C. No. 6408 of 2023, WRIT C. No. 6422 of 2023, WRIT C. No. 6428 of 2023, WRIT C. No. 6468 of 2023, WRIT C. No. 6489 of 2023, WRIT C. No. 6491 of 2023, WRIT C. No. 6494 of 2023, WRIT C. No. 6516 of 2023, WRIT C. No. 6518 of 2023, WRIT C. No. 6527 of 2023, WRIT C. No. 6538 of 2023, WRIT C. No. 6558 of 2023, WRIT C. No. 6559 of 2023, WRIT C. No. 6584 of 2023, WRIT C. No. 6617 of 2023, WRIT C. No. 6620 of 2023, WRIT C. No. 6647 of 2023, WRIT C. No. 6660 of 2023, WRIT C. No. 6696 of 2023, WRIT C. No. 6711 of 2023, WRIT C. No. 6723 of 2023, WRIT C. No. 6732 of 2023, WRIT C. No. 6757 of 2023, WRIT C. No. 6776 of 2023, WRIT C. No. 6780 of 2023, WRIT C. No. 6845 of 2023, WRIT C. No. 6982 of 2023, WRIT C. No. 7086 of 2023, WRIT C. No. 7191 of 2023, WRIT C. No. 7438 of 2023, WRIT C. No. 7464 of 2023, WRIT C. No. 7614 of 2023, WRIT C. No. 7809 of 2023.
Decided On : 22-09-2023
NOC Cancellation - Pharmacy Education - Pharmacy Act, 1948, Sections 10, 12, 13, 16, 29, 32, 35, 36, 42 - The judgment discusses the legality and validity of the cancellation of 'No Objection Certificate' (NOC) for opening a new course in Pharmacy Education. The court analyzed the Pharmacy Act, 1948 and emphasized the exclusive authority of the Pharmacy Council of India (PCI) in regulating pharmacy education. The court held that the State Government or the Board does not have the power to cancel the NOC granted earlier, as the power to cancel the NOC is vested with PCI. The court also found the cancellation to be violative of the principles of natural justice due to the lack of show cause notice and opportunity for explanation to the affected institutions.
Fact of the Case:
The State Government cancelled the NOC granted to institutions for opening a new course in Pharmacy Education without complying with the principles of natural justice. The institutions were not provided with a show cause notice or an opportunity to explain the discrepancies found during a surprise inspection.
Finding of the Court:
The court found that the State Government or the Board does not have the power to cancel the NOC, as the power is vested with PCI. The cancellation was deemed violative of the principles of natural justice due to the lack of show cause notice and opportunity for explanation to the affected institutions.
Issues: 1. Whether the State Government or the Board has the power to cancel the NOC granted for a new course in Pharmacy Education. 2. Whether the cancellation of the NOC without providing an opportunity for explanation violates the principles of natural justice.
Ratio Decidendi: The court held that the Pharmacy Act, 1948 is a special law exclusively regulating pharmacy education, and the authority to cancel the NOC is vested with PCI. The cancellation without providing an opportunity for explanation was deemed violative of the principles of natural justice.
Final Decision: The court quashed the impugned letter cancelling the NOC, granted liberty to the State Government/Board to take action in accordance with the law, and directed the PCI to consider and decide any issues referred by the State Government/Board in accordance with the law after affording an opportunity to the aggrieved persons. All pending applications were also disposed of in terms of the final order, and no costs were awarded.
JUDGMENT :
(Om Prakash Shukla, J.)
A. INTRODUCTION
1. The above captioned writ petitions under Article 226 of the Constitution of India have been filed by the petitioners/ Institutions, challenging the legality and validity of the letter dated 18.05.2023 issued by the Secretary, Board of Technical Education, Uttar Pradesh, Lucknow (hereinafter referred to as ‘Board’), whereby ‘No Objection Certificate’ (hereinafter referred to as ‘NOC’) granted by the Board to the respective petitioners/institutions for opening of new course, namely, Diploma in Pharmacy (in short, ‘D. Phama’) for the academic session 2022-23 has been cancelled with immediate effect.
2. Since the above-captioned writ petitions arise out of a common factual matrix and impugned letter dated 18.05.203, this Court is disposing them of by this common judgment.
B. FACTUAL MATRIX
3. To understand the issue involved in the above-captioned writ petitions, this Court takes Writ C No. 4953 of 2023 (Committee of Management, Jai Prakash Charitable Trust Vs. State of UP & Ors.) as leading writ petition for consideration.
4. The record of Writ-C No. 4953 of 2023 reveals that pursuant to an interim order dated 31.05.2022 passed in Special Leave Petition (Civil) No. 4862 of 2022, the Pharmacy Council of India (hereinafter referred to as ‘PCI’) had issued a letter bearing reference No.14-56/22 (Approval Process for 20222023 as)/11621 dated 21.06.2022, whereby a portal, inviting the applications for setting up of new institutions for courses of Bachelor of Pharmacy (in short, ‘B. Pharma’ ) and D. Pharma, was opened from 03.07.2022 to 15.07.2022.
5. In pursuance of the aforesaid letter dated 21.06.2022, the Board issued letter dated 27.06.2022 (Annexure No.1 to the counter affidavit), inviting applications for opening of new D. Pharma Courses from the Directors/Principals of the Institutions. Thereafter, on the request made by the Director Technical Education, the Secretary, Board of Technical Education, Uttar Pradesh issued order dated 14.07.2022, stating therein that due to paucity of time, the “No objection certificate” (NOC) as contemplated by PCI for starting a new institution, shall be issued on the basis of self-declaratory affidavits.
6. In pursuant thereto, the PCI opened the portal for inviting application of second and third round from 04.08.2022 to 10.08.2022 and 01.09.2022 to 04.08.2022 and 30.08.2022, respectively. After that, the State Government issued orders dated 08.08.2022 and 05.09.2022 for issuance of NOC to the respective institutions after submitting the self-declaratory affidavits in the proforma provided along with application for issuance of NOC. In the said proforma affidavit as well as notification of PCI, it has also been mentioned that in case any discrepancies are found, the NOC shall stand revoked with immediate effect and that appropriate action would be taken against the erring institutions in accordance with law.
7. Petitioners/Institutions and other Institutions of the State, in pursuance of the aforesaid, applied for grant of NOC to open D.Pharma Course in their Institutions by annexing the relevant documents as well as duly filled self-declaratory proforma affidavit. Subsequently, the Board had granted NOC for setting up D. Pharma Course to the petitioners/Institutions and other Institutions for the academic session 2022-23.
8. Subsequently, on the basis of letters dated 24.03.2023 and 03.04.2023 issued by the office of Chief Minister, the District Magistrate of each district of the State of U.P. had formed a three members Committee comprising Tehsildar, Principal of the Government Inter College and one Assistant Engineer for scrutiny and re-verification of the respective Institutions as per the documents attached at the time of granting NOC on the basis of self-declaratory affidavits. The Committee, after scrutiny and re-verification, found certain discrepancies and short comings and reported the same to the District Magistrate, who, in turn,
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.
DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.
Consent of affiliation from the examining authority is not required for D.Pharm course approval according to the Pharmacy Act.
The main legal point established in the judgment is that the Pharmacy Council of India's decision to impose a moratorium on opening new pharmacy colleges for a period of five years was not permissibl....
The Court established that existing pharmacy colleges are not subject to a moratorium on new institutions, allowing them to obtain necessary approvals if they meet regulatory requirements.
The PCI cannot impose a moratorium on the establishment of new pharmacy colleges by way of an executive decision without framing Regulations under Section 10 of the Pharmacy Act, 1948. The impugned d....
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