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2021 Supreme(Online)(KER) 39909
HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
SREE NARAYANA GURU MEMORIAL EDUCATIONAL AND CULTURAL TRUST – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/28062/2020
SRI.ANOOP.V.NAIR, SHRI.P.VIJAYAKUMAR, M.A.ASIF
The court established that the state must consider applications for educational approvals in light of existing moratoriums and employment needs, ensuring adherence to regulatory frameworks.
Headnote:
Pharmacy - B.Pharm Course - Pharmacy Act, 1948 - Section 12, Regulations 3, 9 (2014) - Summary: The court analyzed the rejection of the no-objection certificate for a B.Pharm course based on the Pharmacy Act and regulations, emphasizing the need for existing institutions to meet educational standards and employment demands.
Fact of the Case:
The petitioner Trust sought to start a B.Pharm course at its college but faced rejection from the state based on employment concerns and a moratorium on new pharmacy institutions.
Finding of the Court:
The court concluded that the state had justified the rejection based on employment needs and a moratorium, but required a fresh consideration of a subsequent application by the petitioner.
Issues: Whether the rejection of the no-objection certificate for starting a B.Pharm course was justified and if the delay in filing the petition affected the case.
Ratio Decidendi: The state must consider applications for no-objection certificates fairly, taking into account relevant regulations and employment criteria.
Final Decision: The court directed the state to reconsider the petitioner's application for starting a B.Pharm course for the academic year 2021-22.
The petitioner Trust is running Sree Narayana Guru Memorial Pharmacy College at Valamangalam South, Thuravoor, which is a Self-Financing College conducting D.Pharm course, with the approval of the Pharmacy Council of India and the affiliation of the 3rd respondent Director of Medical Education, Kerala. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 order dated 14.03.2020 of the 1st respondent State, whereby Ext.P3 application dated 20.08.2019 made by the petitioner for issuance of no- objection certificate for starting B.Pharm course in that college, during the academic year 2020-21, stands rejected, for the reasons stated therein. The petitioner has also sought for a writ of mandamus commanding the 1st respondent State to consider and dispose of Ext.P8 application dated 03.12.2020 made by the petitioner seeking no-objection certificate for starting B.Pharm course in its college, during the academic year 2021-22, within a time limit to be fixed by this Court; and a declaration that the petitioner's college is eligible to get no-objection certificate from the 1st respondent State, for starting B.Pharm course, during the academic year 2021-22.
2. On 16.12.2020, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.
3. A statement dated 15.01.2021 has been filed on behalf of the 1st respondent State, opposing the reliefs sought for in this writ petition. The petitioner has filed a reply affidavit dated
20.01.2021.
4. Heard the learned counsel for the petitioner, the learned Special Government Pleader for respondents 1 and 3 and also the learned Assistant Solicitor General of India appearing for the 4th respondent.
5. The issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P7 order dated 14.03.2020 of the 1st respondent State, whereby Ext.P3 application made by the petitioner for grant of no-objection certificate for starting B.Pharm course in its college, during the academic year 2020-21, stands rejected.
6. Section 12 of the Pharmacy Act, 1948 deals with approved courses of study and examinations. As per sub-section (1) of , any authority in a State which conducts a course of study for pharmacists may apply to the Central Council for approval of the course, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists.
7. In exercise of the powers conferred by Sections 10 and
18 of the Pharmacy Act, 1948 , the Pharmacy Council of India, with the approval of the Central Government made the Bachelor of Pharmacy (B.Pharm) Course Regulations, 2014. As per Regulation 3, the duration of B.Pharm course shall be four academic years (annual/semester) full time with each academic year spread over a period of not less than two hundred working days for annual pattern and hundred working days for each semester. As per sub- regulation (1) of Regulation 9, no person, institution, society, trust or university shall start and conduct B.Pharm programme without the prior approval of the Pharmacy Council of India.
8. As per sub-regulation (2) of Regulation 9 of the Course Regulations, 2014, any person or pharmacy college for the purpose of obtaining permission under sub-section (1) of section 12 of the Pharmacy Act, shall submit a scheme as may be prescribed by the Pharmacy Council of India. As per clause (3) of Regulation 9, the scheme referred to in sub-regulation (2) above, shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed. As per the proviso to Regulation 9, the Pharmacy Council of India shall not approve any i
