Advocates:
['Pranjal Agrawal', '', 'SIDDHARTH GUPTA', 'A G', '', 'ASSTT S G']

1

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 3766 of 2021

Reserved on : 07.03.2022

Delivered on

: 22.04.2022

1.

Chouksey College Of Pharmacy Run By H.K. Kalchuri Educational Trust,

Through its Director Mrs. Palak Jaiswal, W/o Shri Ashish Jaiswal, aged

about 35 Years, having its Registered Office At Lal Khadan, Masturi

Road, NH 49, Bilaspur Chhattisgarh

2.

Palak Jaiswal, W/o Shri Ashish Jaiswal, aged about 35 Years Director,

Chouksey College Of Pharmacy, having Its Registered Office At Lal

Khadan, Masturi Road, Nh 49, Bilaspur Chhattisgarh

---- Petitioners

Versus

1.

Pharmacy Council Of India Through its Chairman/ Secretary, having Its

Registered Office At NBBC Centre, 3rd Floor, Plot No. 2, Community

Centre, Maa Ananadamai Marg, Okhla Phase I, New Delhi 110020,

District : New Delhi, Delhi

2.

Chhattisgarh Swami Vivekanand Technical University, Newai, P.O. Newai,

District Durg Chhattisgarh- 491107

3.

State Of Chhattisgarh Through its Secretary, Department Of Skill

Development, Technical Education and Employment, Having Its

Registered Office at Mahanadi Bhavan, Naya Raipur, Atal Nagar, District

Raipur Chhattisgarh

---- Respondents

For Petitioners

:

Mr. Siddharth R. Gupta, Advocate along with

Mr. Pranjal Agrawal, Advocate

For Respondents

:

Mr. Ramakant Mishra, Asstt. S.G. along with

Mr. Tushar Dhar Diwan, Advocate

2

Hon'ble Mr. Justice P. Sam Koshy

CAV Order

1.

The validity and legality of two orders/resolutions passed by the

respondent No.1-Pharmacy Council of India (PCI) dated 17.07.2019

(Annexure P/3) and 09.09.2019 (Annexure P/4) is under challenge in the

present writ petition.

2.

Vide the aforesaid two resolutions, the PCI has put a moratorium on the

opening of new Pharmacy Colleges for running Diploma as well as

Degree courses in Pharmacy for a period of 5 years beginning from the

Academic Session 2020-21. Vide the order /resolution dated 09.09.2019

the PCI gave certain relaxations to the moratorium so far as its

applicability is concerned.

3.

For proper appreciation of the facts and issues raised by the parties it

would be relevant at this juncture to take note of the relevant portion of

the two orders under challenge in this writ petition dated 17.07.2019 and

09.09.2019 passed by the PCI. The resolution that was passed by the

PCI on 17.07.2019 is reproduced hereinunder:

“Taking into consideration the availability of sufficient

qualified pharmacist workforce, the House unanimously

resolved to put a moratorium on the opening of new

pharmacy colleges for running Diploma as well as Degree

course in pharmacy for a period of five years beginning

from the academic year 2020-21. This moratorium shall not

be applicable in the North Eastern region of the country

where there is a shortage of pharmacy colleges.”

The said resolution has been communicated to Ministry of

Health and Family Welfare, Government of India on

17.07.2019 for information under intimation to All India

Council of Technical Education (AICTE) and also posted on

the Council's website.

4.

The said resolution stood modified on 09.09.2019 by which the

respondents-PCI has passed an order of non-applicability of the said

resolution on certain category of institutions and in respect of certain

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areas in the country. For ready reference the relevant portion questioning

the order dated 09.09.2019 (Annexure P/4) is reproduced hereinunder:

“It was unanimously decided that moratorium on the

opening of new pharmacy colleges for running Diploma as

well as Degree course in pharmacy for a period of five years

beginning from the academic year 2020-21 will be subject to

following conditions:

(a) The moratorium will not apply to the Government

institutions.

(b) The moratorium will not apply to the institutions in

North Eastern region.

(c) The moratorium will not apply to the States/Union

Territories where the number of D. Pharm