The State lacks competence to impose a ban on NOCs for educational institutes via executive order, which violates fundamental rights under Articles 14 and 19(1)(g) of the Constitution.

ORDER :

1. This writ petition has been filed by the petitioner - Institution with the following prayer :-

A. By appropriate writ, order or direction the order dated 26.04.2025 (Annex.12) issued by Government of Rajasthan Medical education “Group-I” department deserves to be declared illegal and be quashed and set aside.

B. That the respondent State may kindly be directed to grant NOC to the Petitioner institution for academic year 2025-26 and subsequent year;

C. By appropriate writ, order or direction the decision taken by Pharmacy Council of India in its 423th Execution Committee held on 12.02.2025 may kindly be declared illegal and be quashed and set aside.

D. By appropriate writ, order or direction the respondent State Government may kindly be directed to grant NOC in favour of the Petitioner institution to undertake the B.Pharmacy course for academic year 2025-26 and for subsequent academic years.

E. That the Rajasthan University of Health Sciences be directed to grant and continue affiliation for the academic year 2025-26 and for subsequent academic years.

F. Any other order or direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case may kindly be passed in favour of the humble petitioner;

G. The costs of the writ petition may kindly be awarded in favour of the petitioner.

2. Brief Facts :

2.1 The petitioner - Institution applied for starting degree course of B-Pharmacy and sought grant of affiliation so also NOC from the State Government. The inspection of the college premises was not conducted and in these circumstances a writ petition being SBCWP No.9008/2024 was filed and the same came to be disposed of vide order dated 23.05.2024 while granting liberty to the petitioner to approach the respondent authorities. In compliance of the said order, the inspection was conducted and report was submitted on 28.08.2024 (Annexure-3). The said report was in favour of the petitioner – Institution. Despite the said report, no action was taken, then the petitioner-Institution filed another writ petition being SBCWP No.3340/2025, wherein interim order dated 06.02.2025 came to be passed and directions were issued to grant consent of affiliation of the petitioner – Institution on provisional basis.

2.2 The petitioner – Institution was granted provisional consent of affiliation on 25.02.2025 (Annexure-10) by the respondent – RUHS. However, on account of non-submission of NOC and consent of affiliation before the Pharmacy Council of India (‘PCI’), the application filed by the petitioner for starting degree course of B-Pharmacy was rejected on 12.02.2025 (Annexure-11).

2.3 The State Government thereafter passed an order dated 26.04.2025 (Annexure-12) imposing ban on grant of NOC to the colleges intending to start B.Pharmacy Course operating in the State of Rajasthan so also for establishment of new colleges seeking to impart B-Pharmacy course. In these circumstances, the earlier writ petition being SBCWP No.3340/2025 was withdrawn by the petitioner on 14.05.2025 with liberty to file afresh. Hence, the present writ petition has been filed challenging the impugned order dated 26.04.2025 (Annexure-12).

3. Learned counsel for the petitioner while arguing the writ petition made the following submissions :-

(i)- The impugned order dated 26.04.2025, whereby the State Government has imposed ban, has been made applicable only