JUDGMENT :

Pankaj Bhatia, J.

All the writ petitions, raising common question and as such, the same are being decided by means of a common order.

2. I have Heard Dr. L.P. Mishra, learned counsel assisted by Sri Amit Kumar Singh Bhadauriya, Prafulla Tiwari and Shri Ajay Pratap Singh, learned counsel for petitioners, Shri Nitin Mathur, learned Counsel for the State, Shri Ravi Singh learned counsel for P.C.I. Shri D.K.S. Chauhan, learned counsel for J.E.E.C. (P) and perused the material available on record.

3. For the sake of convenience, the facts as narrated in Writ-C No. 8389 of 2023 are being reproduced. The petitioners claim to be running a B. Pharma Course and were granted approval by the Pharmacy Council of India for the academic sessions 2022-23 and thereafter for the sessions 2023-24. The approval was granted with the petitioners in pursuance to powers vested in Pharmacy Council of India under the Pharmacy Act.

4. In some of the cases, for the academic sessions 2022-23 the approval was granted by the Pharmacy Council of India and affiliation was also granted by the Board of Technical Education, which is empowered to grant the affiliation. However, in some of the cases, the approval was granted by the Pharmacy of India, however, the affiliation as is required was not granted by the Board of Technical Education and in some cases 'NOC' was refused, which has led to the filing of the present writ petitions for the sessions 2023-24.

5. The contention of counsel for the petitioners is that in terms of the Pharmacy Act a council created under the said Act, known as the Pharmacy Council of India (PCI) is a statutory body, which is empowered to grant approval to the colleges in respect of B.Pharma and D. Pharma Courses. In terms of the mandate of Section 12 of the said Act, specific provisions exist for enabling an application by an authority, which proposes to conduct the course of study for Pharmacist to apply for approval and on an application being filed PCI, is empowered to grant the approval for running the courses. Section 13 of the said Act empowers the Council to withdraw the approval, on their existing relevant material to do so, in terms of the mandate of the Act. Section 16 of the Act provides for power of carrying out inspection in respect of the institutions which are seeking the approval. Section 18 of the said Act empowers the Central Council to make regulations with the approval of Central Government for regulating and carrying out the purpose to the Act. It is stated that in terms of the powers conferred by virtue of Section 10 of the said Act, the Central Government framed regulations known as Educational Regulations 2020, which came into force with effect from 9.10.2020. In terms of the regulations as framed (hereinafter referred to as 'the Regulations 2020), minimum qualifications required for the students undertaking the courses were prescribed. Regulation 8 confers the power of the Pharmacy Council of India to grant the approval to any authority, which is intending to start or conduct the diploma courses. The Pharmacy Council of India is also empowered to prescribe the regular academic study in terms of Regulations 8 (2) and specifically proviso thereto, places a restriction on Pharmacy Council of India to grant approval to any institutions unless all the parameters including the teaching, accommodation, equipment and teaching staff etc. are available with the institutions seeking the approval of the Pharmacy Council of India. Thus, in terms of the said Act, the PCI is empowered to grant approval and also places restrictions in granting the approval for want of the arrangements for teaching, equipment and teaching staff, etc. The Pharmacy Council of India is empowered to grant the approval for the institutions running B.Pharma and D.Pharma courses, however, the power to issue diploma vests with the Board of Te