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2024 Supreme(All) 2072
IN THE HIGH COURT OF ALLAHABAD
SALIL KUMAR RAI, J.
Jasraj Singh - Appellant
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition No. 43028 of 2023
Decided on : 23-08-2024
Important Points
Subject
Education Law - Regulatory Compliance
Act Referred
PHARMACY ACT : S.10, S.10(4), S.18, S.3
Headnote
(B) Academic Standards - The court clarified the distinction between regulations requiring approval and those that do not, emphasizing that the Regulations, 2016 were valid until disapproved by the Central Government. (Paras 19, 20)
(C) Fairness in Education - The court ruled that students have a legitimate expectation to be governed by the regulations published by the PCI, which supersede University regulations in case of conflict. (Paras 26, 27)
Facts of the case:
The petitioner, a B. Pharm student, failed to meet the University’s promotion criteria but claimed entitlement to promotion under the PCI's Regulations, 2016, which were not formally approved but published online.
Findings of Court:
The University’s denial of admission was arbitrary and contrary to law, violating the principle of fairness.
Issues: The main issues were the applicability of the Regulations, 2016, and the University’s authority to deny admission based on its own regulations.
Ratio Decidendi: The court held that the Regulations, 2016 were operative and superseded the University’s regulations, affirming that the petitioner was entitled to promotion and examination rights.
Result: Writ petition allowed.
For the Appellant : Avneesh Tripathi
For the Respondent: C.S.C., Rahul Chaudhary and Vaibhav Tripathi
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, 1948 provides that the Central Council may, subject to the approval of the Central Government, make regulations to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist. The provision further provides that the Education Regulations may prescribe the subjects of examination and the standards to be attained in the subjects and other condition for admission to examinations. Section 10 (4) provides that the Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct. Section 10 of the Pharmacy Act, 1948 is reproduced below :
''10. Education Regulations.-(l) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe -
(a) the nature and period of study and of practical training to be undertaken before admission to an examination;
(b) the equipment and facilities to be provided for students undergoing approved courses of study;
(c) the subjects of examination and the standards therein to be attained;
(d) any other conditions of admission to examinations.
(3) Copies of the draft of the Education Regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments, and the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approval under sub-section (1) take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
(4) The Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit.''
4. Section 18 of the Pharmacy Act, 1948 empowers the Central Council to make regulations, consistent with the Act, 1948, with the approval of the Central Government and by notification in the Official Gazette. Section 18 of the Pharmacy Act, 1948 is reproduced below :
''18. Power to make regulations.-(l) The Central Council may, with the approval of the Central Government, [by notification in the Official Gazette,] make regulations consistent with this Act to carry out the purposes of this Chapter.
(2) In particular and without prejudice to the gen
