26.03.2025 Court No.13 Item No. 1 sp/pk MAT 32 of 2025 With CAN 1 of 2025 with CAN 2 of 2025 Gitanjali College of Pharmacy.

Vs.

The State of West Bengal & Ors.

Mr. Kalyan Bandyopadhyay, ld. Sr. Adv., Mr. Nilendu Bhattacharjee, Ms. Sumita Shaw, Mr. Kapil Guha, Mr. Soumen Chatterjee ..for the appellant.

Mr. Tarunjyoti Tewari, Ms. Kausiki Bose ..for the PCI.

Mrs. Nandini Mitra, Mr. Sakya Maity …for the MAKAUT University

1. The appeal is directed against an order dated 3^rd January, 2025 passed by a Single Bench of this Court in WPA 25096 of 2024.

2. By the impugned order, interim relief in the nature of permitting the writ petitioner/appellant/college to commence M.

Pharma Course has been declined.

3. Mr. Kalyan Bandyopadhyay, learned Senior Counsel appearing for the appellant has taken this Court through several documents. He placed permission of the Pharmacy Council of India (PCI) constituted under the Pharmacy Act, 1948, to the appellant to conduct the M. Pharm Course.

4. Prior thereto the appellant applied to and obtained a conditional NOC to run the Masters in Pharmacy from the Maulana Abdul Kalam Azad University of Technology (MAKAUT) on 6^th February, 2024.

5. After due inspection of infrastructure, laboratory and faculty, the MAKAUT forwarded and inspection report on 7^th June, 2024 to the appellant. The appellant was asked to remove all deficiencies pointed out in the report. A compliance was to be filed by the appellant by 21^st June, 2021. The appellant could not rectify the deficiencies.

6. On 24^th September, 2024 while MAKAUT renewed the affiliation to the appellant to conduct the B. Pharm Course, the appellant without removing the deficiencies pointed out in the inspection report of the MAKAUT dated 7^th June, 2024 (supra), applied for affiliation for M. Pharm Course.

7. In the meantime, as per the direction of the PCI the appellant counseled 15 students for the M. Pharm Course. The college has an existing B. Pharma Course in which, at least 40 professors are available. Six of such professors have been allocated for the M. Pharma Course.

8. The only stumbling block in the commencement of the course according to Mr. Bandopadhyay has been created by the Maulana Abdul Kalam Azad University of Technology (MAKAUT), illegally and for collateral purposes.

9. Challenging the refusal by the MAKAUT to grant affiliation, the writ petition was filed before the single bench of this Court. The MAKAUT had conducted a surprise inspection and has found several deficiencies in infrastructure and availability of professors in the college. The inspection report was placed in Court and the Single Bench directed a further inspection to be conducted. A further surprise inspection was conducted and the report disclosed before the Single Bench. The University authorities have found that several vital equipments needed for conducting the M. Pharma Course are not available or not activated as yet. The report inter alia found as follows:-

On sample checking of equipment and apparatus as per PCI norms the following equipments were not found.

i. All purpose of equipment with all accessories.

ii. Muscle electrodes.

iii. Lucas moist chamber.

iv. Plethysmograph.

v. Camera lucida.

vi. Microwave Oven.

vii. Ointment filling machine.

viii. Collapsible tube crimping machine.

ix. Bottle washing machine.

x. Bottle sealing machine.

xi. Liquid filling machine.

xii. Precision melting point apparatus.

xiii. Lipstick moulds.

xiv. Permeability cups.

xv. Stalagmometer.

xvi. Gel Electrophoresis (Vertical and Horizontal).

xvii.Phase contrast/Trinocular Microscope.

xviii. Refrigerator centrifuge.

xix. Tissue culture station.

xx. Rheometer.

xxi. Respinometer.

College claimed in their compliance report dated 20.06.2024 that All purpose equipment with all accessories had been procured by them and the picture of the said machine along with bill were also submitted along with the compliance report dated 20.06.2024. During surprise physical verification on 30.09.2024 the said machine is not found in any laborator