WRIC/11478/2024 of DHARMA DEVI MAHAVIDYALAYA, JAUNPUR THRU. MANAGER VIKASH YADAV Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF TECHNICAL EDUCATION LKO. AND 3 OTHERS on 28 December 2024

1. The matter has been taken up during the vacations on an applicationfor urgency having been made by learned counsel for the petitioner.

2. Learned counsel for the petitioner is permitted to implead the prayerof the present petition forthwith.

3. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner, SriRahul Shukla, learned Additional Chief Standing counsel for State -respondent No.s 1 and 2, Sri Shishir Srivastava, Advocate holdingbrief of Sri Ravi Singh for respondent No.3- Pharmacy Council ofIndia and Sri D. K. Singh Chauhan for respondent No.4- JointEntrance Examination Council (Polytechnic), Uttar Pradesh GuruGobind Singh Marg, Lucknow.

4. Petition has been filed challenging orders dated 6th December,2024, 9th December, 2024 and 10th December, 2024 pertaining torejection of petitioner institutes' application for the D. Pharma coursefor the academic session 2024-25 by means of which the approval ofthe petitioners' institutes have been rejected.

5. Learned counsel for the petitioner has drawn attention to theimpugned order itself which indicates the date of meeting of the executive council of the Pharmacy Council of India as 07thNovember, 2024. He has thereafter adverted to the minutes of meetingheld on 07th November, 2024, particularly paragraph 10.2 (c) thereof,whereby has been indicated that inspection was taking time andaround 346 institutions were yet to be inspected as on that date. Hehas thereafter drawn attention to the list appended to the resolutionindicating name of petitioner institution for the D.Pharma course asone of the institutes for which the inspection was yet pending. Learnedcounsel for the petitioner has also drawn attention to the directionissued by Hon'ble Supreme Court dated 19th November, 2024 passedin proceedings arising out of C.A. 9048 of 2012, ParshavanathCharitable Trust and another vs. All India Council for TechnicalEducation and others, whereby directions have been issued to thePharmacy Council of India to decide cases where inspection hasalready been conducted prior to cut off date so that institute can availitself of an appellate remedy and further for direction to conductinspections and make a decision before the cut off date whereinspection has already been conducted.

6. Sri Shishir Srivastava, Advocate holding brief of Sri Ravi Singh,learned counsel appearing for Pharmacy Council of India (PCI)informs that rejection order dated 28.11.2024 was already uploaded onthe website of Pharmacy Council of India but he is unable to produceany documentary evidence that the same was communicated to thepetitioner. He also does not dispute this fact that several orders havealready been passed by this Court in the matters, in which rejectionorders were communicated after some delay.

7. Considering the facts and circumstances of the case, it is evidentthat the rejection order dated 28.11.2024 was uploaded on the website,but it was not communicated to the petitioner till today, therefore,alternative remedy of appeal could not be filed, which was to bedecided before the last date fixed by the Hon'ble Supreme Court i.e.

8. Nonetheless, the fact still remains that the petitioner's applicationfor approval was rejected by P.C.I. on 28.11.2024, but the same wasnot communicated to the petitioner till today. The last date fixed fortaking decision on appeal is already lapsed. It is admitted between theparties that after approval is granted by PCI, an institute is required toseek affiliation by the Board of Technical Education whereafter onlythe institute can participate in the counselling process.

9. It is also admitted that last date fixed for grant of affiliation wasalso 14.12.2024, which has also in the meantime expired.

10. Learned counsel have adverted to order dated 13.12.2024 passedby Hon'ble Supreme Court in the case of Parshavanath CharitableTrust and another versus All India Council for Technical Educationand others, Misc. Application bearing Diary No. 55173 of 2024 inCivil Appeal No. 9048 of 2012 to submit that even after expiry of thelast date fixed for purposes of approval by PCI, a letter dated13.12.2024 issued by PCI praying for permission to convey rightdecision and rectify and erroneous decision was filed whereafterappropriate directions were also issued by Hon'ble Supreme Court.Such a direction issued by Hon'ble Supreme Court is as follows:- "1. Learned counsel for the Pharmacy Council of India has placed aletter dated 13.12.2024 praying for permission of this court to conveythe right decision and rectify an erroneous decision, which was takenearlier.

2. Permission is granted.

3. Needless to state that the permission granted by the PharmacyCouncil of India shall relate back to the date on which the earlierincorrect order was passed.

4. Insofar as the direction to the State Government to permit theapplicant(s) to admit the students concerned after the cut off date is concerned, we direct the applicant(s) to make a representation to theState Government, which would be considered on its own merits, inaccordance with law.

5. These applications are accordingly disposed of.

6. Pending applications(s), including application for intervention/implementation, shall stand disposed of."

11. It has further been pointed out that the matter was listed before theHon'ble Supreme Court on 20.12.2024 where fresh decision taken bythe PCI was informed to the Court and it was submitted by them thatthey have considered and rectified the decision of all the applicant'scolleges except few and further sought permission to rectify andreview decision on the applicant's colleges therein. The Hon'bleSupreme Court considering the request made by the PCI permittedthem to grant permission in respect to other colleges wherever it hastaken a decision to review and rectify earlier order

12. From the aforesaid order, it appears that PCI admitted beforeHon'ble Supreme Court that certain erroneous decisions had beentaken and a right to rectify such decisions have been sought, whichwas granted by Hon'ble Supreme Court. It was also indicated in theorder that in case such a rectified order is passed, it would relate backto the date on which earlier incorrect order was passed.

13. From the order, however, it is not discernible as to whether theletter dated 13.12.2024 was pertaining to only a single institute or wasgenerally applicable. Learned counsel for PCI also does not have anyinstructions on that aspect.

14. However, in view of the arguments of learned counsel for PCI, aswell as the order passed by Hon'ble Supreme Court dated 13.12.2024and 20.12.2024, liberty is granted to PCI to re-visit the case ofpetitioner's institution with regard to grant of approval or otherwise forthe Academic Session 2024-25 for conduct of D-Pharma Course in

15. Consequential action may be taken by PCI, in accordance withlaw.

16. In consequence thereto, petitioner's institute would also be atliberty to seek consequential relief as granted by Hon'ble SupremeCourt in the order dated 13.12.2024 & 20.12.2024.

17. With the aforesaid directions, petition stands disposed of.

Order Date :- 28.12.2024Gurpreet Singh/VKS