The court established that 'consent of affiliation' is a non-mandatory requirement for educational institutions applying to run D.Pharm courses.

JUDGMENT

A. MUHAMED MUSTAQUE, J.

The question whether the educational institutions proposing to run D.Pharm course be required to obtain a 'consent of affiliation' from the Examining Authority to produce before the Pharmacy Council of India has been considered in intra parte judgment in writ petitions filed by the appellants herein, WP(C) Nos.38755/2022 & 38790/2022. At the Bar, it is admitted that there is no challenge against the said judgment of the learned Single Judge, wherein, after an elaborate discussion in the matter, in paragraph 20 of the judgment, it is concluded as follows;

“20. In the afore perspective and scenario, it is apodictic that the requirement in the “Regulations”, that the applicant should produce “Consent of Affiliation” from the Examining Authority, can only be seen to be ex abundanti cautela and as a directory or a desirable requirement, rather than being mandatory, so as to lead to the rejection of their applications in its absence.”

This conclusion was based on the judgment of another Single Judge inPrincipal, DM Wims College of Pharmacy v. Pharmacy Council of India [ 2022 (2) KLT 567 ].

2. Though a challenge was made against the said judgment in appeal, the challenge became futile owing to subsequent events, the Government issuing No Objection Certificate to the institutions. That means, the judgment of the learned Single Judge in intra parte litigation has become final without there being a challenge on the side of the Pharmacy Council of India and the Examining Authority.

3. The present case happened to be filed in the context of expiry of the period for processing the applications submitted for the academic year 2022-23 in the light of the judgment of the apex court inParshvanath Charitable Trust and Others v. All India Council for Technical Education and Others [ 2013 (3) SCC 385 ]. The learned Single Judge, who heard the matter, was of the view that in the light of the directions given inParshvanath Charitable Trust (supra), PCI cannot be directed to consider the applications for the academic year, 2022-23.

4. It is submitted at the Bar by the learned senior counsel for the appellants that they have already submitted applications for the academic year, 2023-24. The learned counsel for the PCI also admitted that they have received such applications. It is further submitted by the learned senior counsel for the appellants that the inspection carried out also would indicate that all the facilities are available in the institutions to run the pharmacy courses.

5. In the light of the intra parte judgment of this Court in WP(C) Nos.38755/2022 and 38790/2022 and taking the view that 'consent of affiliation' is not a mandatory requirement, there shall be a direction to the Pharmacy Council of India (PCI) to process the application without insisting on production of 'consent of affiliation' from the Examining Authority. Needful shall be done within the time frame referred to in Parshvanath Charitable Trust (supra). It is open for the Pharmacy Council of India to decide as to whether a fresh inspection is required or to rely on earlier inspection report.

The writ appeals stand disposed of as above.

Sd/-

A. MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

APPENDIX OF WA 650/2023 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER BEARING REF.NO. PCI-3989/2019 DATED NIL ISSUED BY THE PHARMACY COUNCIL OF INDIA REJECTING THE APPLICATION FOR

2020-2021 AND 2021-2022 Annexure-II A TRUE COPY OF THE CIRCULAR DATED

16.03.2023 WITH REF. NO. 14-56/2022-

PCI (APPROVAL PROCESS 2023-2024 A.S)/18889-94 ISSUED BY THE PHARMACY COUNCIL OF INDIA.

APPENDIX OF WA 652/2023 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER BEARING REF.NO. PCI-4055/2019 DATED NIL ISSUED BY THE PHARMACY COUNCIL OF INDIA Annexure-II A TRUE COPY OF THE CIRCULAR DATED

16.03.2023 WITH REF. NO. 14-56/2022-

PCI (APPROVAL PROCESS 2023-2024 A.S.)/18889-94 ISSUED BY THE PHARMACY COUNCIL OF INDIA