SUPREME COURT OF INDIA
FULL BENCH
SRI SAI RR INSTITUTE OF PHARMACY — Appellant
Vs.
DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER —
Respondent
( Before : R.F. Nariman, K.M. Joseph and B.R. Gavai, JJ. )
Writ Petition (C) No. 446 of 2021
Decided on : 06-07-2021
Education Law – Conditional affiliation to colleges for Academic Year 2020-2021 – In
the field of Pharmacy Education and more particularly so far as the recognition of
degrees and diplomas of Pharmacy Education is concerned, the Pharmacy Act, 1948
shall prevail – The norms and regulations set by the PCI and other specified authorities
under the Pharmacy Act would have to be followed by the concerned institutions
imparting education for degrees and diplomas in Pharmacy, including the norms and
regulations with respect to increase and/or decrease in intake capacity of the students
and the decisions of the PCI shall only be followed by the institutions imparting degrees
and diplomas in Pharmacy – Pharmacy Council of India (PCI) has granted approval to
both colleges with an intake capacity of 60 students each – State Government vide
Notification dated 19.3.2021 has granted conditional affiliation after considering the
recommendations made by the Affiliation Committee – University is therefore directed
to grant affiliation to Colleges for the Academic Year 202021 and also permit the
students of the Colleges to participate in the special examinations to be organized by the
University for the Academic Year 202021 in view of the Notification dated 19th March
2021 – Writ petitions are allowed.
Counsel for Appearing Parties
Ms. Anamika Agrawal, Advocate, Mr. Ajay K. Agrawal, Advocate, Mr. Ajit Sharma, Advocate, for the
Appellant; Mr. Amitesh Kumar, Advocate, Ms. Binisa Mohanty, Advocate, Ms. Priti Kumari, Advocate,
Mr. Mritunjay Kumar Sinha, Advocate, for the Respondent
Cases Referred
VIIT Pharmacy College and another vs. Dr. A.P.J. Abdul Kalam Technical University and
another), 2021 SCC Online SC 322
ORDER
B.R. Gavai, J. – Both these writ petitions filed by the petitioner – colleges seek various directions,
including the direction to respondent No. 1 – Dr. A.P.J. Abdul Kalam Technical University
(hereinafter referred to as “the University”), i.e., to comply with Notification dated 19.3.2021 issued
by the State Government and grant conditional affiliation to the petitioner – colleges for Academic
Year 2020-2021; direction directing the University to organize special examinations for B. Pharma
students for Academic Year 2020-2021 in view of the aforesaid Notification dated 19.3.2021; and
direction to the University to permit students of the petitioner – colleges to participate in the special
examinations.
2. It is the contention of the petitioner – colleges that the facts in the present writ petitions are
identical with the facts in Writ Petition (Civil) No. 390 of 2021 (VIIT Pharmacy College and
another vs. Dr. A.P.J. Abdul Kalam Technical University and another), 2021 SCC Online SC
322 which was allowed by this Court vide order dated 15.4.2021.
3. Insofar as Writ Petition (Civil) No. 390 of 2021 is concerned, the University has not seriously
disputed that the facts in the present writ petitions are similar to that in Writ Petition (Civil) No. 390
of 2021. However, it is the contention of the University, taken for the first time in Writ Petition
(Civil) No. 448 of 2021 (Shri Badrinath College of Pharmacy vs. Dr. A.P.J. Abdul Kalam Technical
University & Anr.), that the petitioner -Shri Badrinath College of Pharmacy did not participate in the
counselling process and as such, is not entitled to any relief. Another ground that has been taken is,
that there is a similar writ petition pending before the High Court filed by the petitioner – Shri
Badrinath College of Pharmacy with regard to the same relief.
4. We find, that the facts in both the present writ petitions are almost similar to facts in Writ Petition
(Civil) No. 390 of 2021 decided by this Court on 15.4.2021. In both cases, grant of affiliation was
denied by the University on the sole ground, that the timeline as prescribed by All India Council for
Technical Education (AICTE) had lapsed.
5. It is also not in dispute, that vide Notification dated 19.3.2021, the State Government after
considering the recommendations made by the Affiliation Committee has granted conditional
affiliation to the petitioner – colleges for admission in B. Pharma course in compliance with the order
of the High Court passed in Writ Petition No. 12536 of 2020.
6. The writ petitions have been filed by the petitioner -colleges since the University has refused to
grant affiliation to the petitioner – colleges and to permit their students to appear for First Year B.
Pharma examination.
7. This Court while allowing Writ Petition (Civil) No. 390 of 2021 has observed thus:
“9. This Court, in the case of, Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of
Pharmacy (supra), has held as under:-
“87. In view of the above and for the reasons stated above, it is held that in the field of
Pharmacy Education and more particularly so far as the recognition of degrees and
diplomas of Pharmacy Education is concerned, the Pharmacy Act, 1948 shall prevail. The
norms and regulations set by the PCI and other specified authorities under the Pharmacy
Act would have to be followed by the concerned institutions imparting education for
degrees and diplomas in Pharmacy, including the norms and regulations with respect to
increase and/or decrease in intake capacity of the students and the decisions of the PCI
shall only be followed by the institutions imparting degrees and diplomas in Pharmacy.
The questions are answered accordingly.”
10. Indisputably, in the present case, the PCI has granted approval to both the petitioners vide
order dated 10
th April 2020, with intake capacity of 100 and 60 admissions/students
respectively. Not only that, the petitions filed by the petitioners challenging the policy decision
of the State Government dated 15
th May 2020, have been allowed by the High Court vide
judgment and order dated 9
th November 2020. Indisputably, the State Government also vide
notification dated 19
th March 2021, has granted conditional affiliation after considering the
recommendations made by the Affiliation Committee. In the peculiar facts and circumstances of
the case and particularly, taking into consideration, that the averments made on affidavit by the
petitioners, are not controverted by the respondent No.1-University, we find that the petition
deserves to be allowed.”
8. As in the aforesaid case decided by order dated 15.4.2021, in the present case also the approval has
been granted by the Pharmacy Council of India (PCI) on 10.4.2021 to both the petitioner – colleges
with an intake capacity of 60 students each. The present petitioners have also filed the petitions
challenging the policy decision of the State Government dated 15.5.2020 before the High Court and
the same have been allowed by the High Court by judgments and orders dated 2.11.2020 and
10.11.2020. In the present case also, the State Government vide Notification dated 19.3.2021 has
granted conditional affiliation after considering the recommendations made by the Affiliation
Committee.
9. In the peculiar facts and circumstances of the case, particularly finding that the facts in both the
present cases are almost similar with the facts in Writ Petition (Civil) No. 390 of 2021, we are of the
view that the present petitioners are also entitled to the same relief as is granted by this Court in Writ
Petition (Civil) No. 390 of 2021.
10. We are therefore inclined to allow the petitions in the following terms:
The University is therefore directed to grant affiliation to the petitioner – Colleges for the
Academic Year 2020-21 and also permit the students of the petitioner – Colleges to participate
in the special examinations to be organized by the University for the Academic Year 2020-21 in
view of the Notification dated 19
th March 2021.
11. The writ petitions are allowed in the above terms.