SRI SAI RR INSTITUTE OF PHARMACY versus DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER on 6 July 2021

1. Both these writ petitions filed by the petitioner – colleges seekvarious directions, including the direction to respondent No. 1 - Dr. A.P.J.CAbdul Kalam Technical University (hereinafter referred to as “theUniversity”), i.e, to comply with Notification dated 19.3.2021 issued bythe State Government and grant conditional affiliation to the petitioner –colleges for Academic Year 2020-2021; direction directing the Universityto organize special examinations for B. Pharma students for AcademicYear 2020-2021 in view of the aforesaid Notification dated 19.3.2021;Dand 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 inthe present writ petitions are identical with the facts in Writ Petition(Civil) No. 390 of 2021 (VIIT Pharmacy College and another vs. Dr.EA.P.J. Abdul Kalam Technical University and another)[1], which wasallowed 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 presentwrit petitions are similar to that in Writ Petition (Civil) No. 390 of 2021.FHowever, it is the contention of the University, taken for the first time inWrit Petition (Civil) No. 448 of 2021 (Shri Badrinath College of Pharmacyvs. Dr. A.P.J. Abdul Kalam Technical University & Anr.), that thepetitioner - Shri Badrinath College of Pharmacy did not participate in thecounselling process and as such, is not entitled to any relief. Anotherground that has been taken is, that there is a similar writ petition pendingGbefore the High Court filed by the petitioner - Shri Badrinath College ofPharmacy with regard to the same relief.

4. We find, that the facts in both the present writ petitions arealmost 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 bythe University on the sole ground, that the timeline as prescribed by AllIndia 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 bythe Affiliation Committee has granted conditional affiliation to thepetitioner - colleges for admission in B. Pharma course in compliancewith the order of the High Court passed in Writ Petition No.12536 of2020.

6. The writ petitions have been filed by the petitioner – collegessince the University has refused to grant affiliation to the petitioner –colleges and to permit their students to appear for First Year B. Pharmaexamination.

7. This Court while allowing Writ Petition (Civil) No. 390 of 2021has observed thus:

“9. This Court, in the case of, Dr. S.K. Toshiwal EducationalTrusts Vidarbha Institute of Pharmacy (supra), has held asunder:- “87. In view of the above and for the reasons stated above,it is held that in the field of Pharmacy Education and moreparticularly so far as the recognition of degrees anddiplomas of Pharmacy Education is concerned, thePharmacy Act, 1948 shall prevail. The norms andregulations set by the PCI and other specified authoritiesunder the Pharmacy Act would have to be followed by theconcerned institutions imparting education for degrees anddiplomas in Pharmacy, including the norms and regulationswith respect to increase and/or decrease in intake capacityof the students and the decisions of the PCI shall only befollowed by the institutions imparting degrees and diplomasin Pharmacy. The questions are answered accordingly.”

10. Indisputably, in the present case, the PCI has granted approvalto both the petitioners vide order dated 10[th] April 2020, with intakecapacity of 100 and 60 admissions/students respectively. Not onlythat, the petitions filed by the petitioners challenging the policydecision of the State Government dated 15[th] May 2020, have beenallowed by the High Court vide judgment and order dated 9[th]

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538SUPREME COURT REPORTS

ANovember 2020. Indisputably, the State Government also videnotification dated 19[th] March 2021, has granted conditionalaffiliation after considering the recommendations made by theAffiliation Committee. In the peculiar facts and circumstances ofthe case and particularly, taking into consideration, that theaverments made on affidavit by the petitioners, are notBcontroverted by the respondent No.1-University, we find that thepetition deserves to be allowed.”

8. As in the aforesaid case decided by order dated 15.4.2021, inthe present case also the approval has been granted by the PharmacyCouncil of India (PCI) on 10.4.2021 to both the petitioner – collegesCwith an intake capacity of 60 students each. The present petitionershave also filed the petitions challenging the policy decision of the StateGovernment dated 15.5.2020 before the High Court and the same havebeen allowed by the High Court by judgments and orders dated 2.11.2020and 10.11.2020. In the present case also, the State Government videDNotification dated 19.3.2021 has granted conditional affiliation afterconsidering the recommendations made by the Affiliation Committee.

9. In the peculiar facts and circumstances of the case, particularlyfinding that the facts in both the present cases are almost similar withthe facts in Writ Petition (Civil) No. 390 of 2021, we are of the view thatEthe present petitioners are also entitled to the same relief as is grantedby this Court in Writ Petition (Civil) No. 390 of 2021.

10. We are therefore inclined to allow the petitions in the followingterms:

The University is therefore directed to grant affiliation to theFpetitioner - Colleges for the Academic Year 2020-21 and also permit thestudents of the petitioner - Colleges to participate in the specialexaminations to be organized by the University for the Academic Year2020-21 in view of the Notification dated 19[th] March 2021.

11. The writ petitions are allowed in the above terms.

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Devika Gujral

Writ Petitions allowed.

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