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SALIL KUMAR RAI
Jasraj Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Salil Kumar Rai, J.-Heard Sri Avneesh Tripathi, the counsel for the petitioner, Sri Rahul Chaudhary, the counsel for respondent Nos. 3 and 4, i.e., Amity University and its Vice-Chancellor, Sri Vaibhav Tripathi, the counsel for the Pharmacy Council of India and the Standing Counsel representing the State of Uttar Pradesh, i.e., respondent No. 1.
2. Amity University is recognized by the University Grants Commission and runs, amongst other, Bachelor of Pharmacy (B. Pharm) Course. The duration of the course is four years/eight semesters. The pharmacy course is regulated by the Pharmacy Act, 1948 (hereinafter referred to as, 'Act, 1948'). In light of the judgment of the Supreme Court in Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy and others, 2021 (10) SCC 657, the norms and regulations of the Pharmacy Council of India (hereinafter referred to as, 'PCI') are to be followed by the institutions imparting education for degrees and diplomas in Pharmacy.
3. Section 3 of the Pharmacy Act, 1948 stipulates the constitution of a Central Council. The PCI is the Central Council referred in the Act, 1948. Section 10 of the Act, 1
The court ruled that the Pharmacy Council of India's Regulations, 2016 are operative despite lacking Central Government approval, and supersede University regulations, ensuring fairness in academic p....
A diploma in pharmacy must be approved by the Pharmacy Council of India for registration as a pharmacist under the Pharmacy Act, 1948.
(1) No person is entitled to establish a medical college except with previous permission of Central Government.(2) In order to be eligible for grant of permission for undertaking admissions in a part....
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
Educational institutions can continue to operate and expand programs in the absence of established regulatory frameworks under relevant legislation until such regulations are in place.
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....
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