2025:CGHC:56510-LB Digitally NAFR signed by JYOTI JYOTI SHARMA SHARMADate:

2025.11.21

10:27:00 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 840 of 2025 Chhattisgarh Swami Vivekanand Technical University, Bhilai Through - Its Registrar Chhattisgarh Swami Vivekanand Technical University Bhilai, Newai, Post Newai, Bhilai District - Durg, C.G.

--- Appellant(s)

versus

1. Mona College Of Pharmacy Through - The Secretary, Mona College Of Pharmacy, Dr. Ritesh Kesharwani Aged 53 Years S/o Shri Bhagwan Prasad Kesharwani R/o Sarangarh, District - Sarangarh (C.G.)

2. State Of Chhattisgarh Through - The Secretary To The Govt. Of Chhattisgarh Department Of Medical Education Mahanadi Bhawan, Atal Nagar, P.S.- Rakhi, Raipur, C.G.

3. Pharmacy Council Of India Through - The Registrar-Cum-Secretary Nbcc Centre, 3rd Floor, Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase - I Landmark - (Near Hotel Crowne Plaza) New Delhi – 110020

4. The Director Directorate Of Technical Education Block - 3, Third/

Fourth Floor Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur, C.G.

--- Respondent(s)

For Appellant : Mr. Neeraj Choubey, Advocate For Respondents/ State : Mr. Y.S. Thakur, Addl. A.G.

For Respondent/ College : Mr. Anurag Dayal Shrivastava, Advocate For Respondent- UOI : Mr. R.K. Mishra, DSGI Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru , Judge

20.11.2025

1. The appellant/ respondent in writ petition has filed this writ appeal assailing the order dated 16.10.2025 passed by the learned Single Judge of this Court in WPC No. 5497 of 2025 by which, the learned Single Judge has disposed off the petition filed by the writ petitioner. For the sake of convenience, the parties would be referred as per their status before the learned writ Court.

2. The writ appeal has been filed with the following prayer:-

“ It is therefore most humbly and respectfully prayed that; the Hon'ble High Court may kindly be pleased to quash, set-aside the impugned order dated 16.10.2025 passed in W.P.C. No. 5497/2025 (ANNEXURE-A/1) by allowing the instant writ appeal and dismissed the writ petition filed by the petitioner college. The Hon'ble Court may kindly be pleased to further issue any other direction's/orders, as if may deem fit and appropriate.”

3. Facts of the case are that the respondent college (writ petitioner) is an educational institution imparting pharmacy education and running the Diploma in Pharmacy (D. Pharma) course under recognition granted by the Pharmacy Council of India (PCI), the statutory authority constituted under the Pharmacy Act, 1948. PCI has granted approval to the institution for the academic session 2023–24, which has been duly extended for the academic year 2025–2026 with an intake capacity of 60 seats. Pursuant to the said recognition, the University/respondent (appellant herein) had also granted affiliation for 60 seats for the academic sessions 2023–24 and 2024–25 vide orders dated 19.08.2023 and 01.10.2024. However, when the respondent/ college applied for affiliation for the academic session 2025–26, the University, by the order dated 03.10.2025 granted affiliation only for 30 seats, curtailing 50% of the approved intake. The reason assigned in the order was that the Principal and faculty members of the college were allegedly not ratified under Statute 19 of the College Code and that the decision was taken in the 134th meeting of the Executive Council. Against the same the respondent college preferred the writ petition which was disposed off by the learned Single Judge against which the present appeal has been filled by the University/ appellant.

4. The learned Single Judge has passed the impugned order dated

16.10.2025 and the operative part of the order is reproduced as under:- “ XXX

6. At the outset, learned counsel for the petitioners undertake on behalf of the petitioners that the Principal and required faculties as per norms shall be ratified within 6 months from the date