WRIC/11481/2024 of BABU DURGA RAI PHARMACY COLLAGE AZAMGARH THRU. ITS MANAGER SHAKET RAI Vs STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. TECHNICAL EDUCATION LKO. AND 3 OTHERS on 31 December 2024

Court No. - 2

Case :- WRIT - C No. - 11481 of 2024

Petitioner :- Babu Durga Rai Pharmacy Collage Azamgarh Thru. Its Manager Shaket Rai Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Technical Education Lko. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh,Ankit Kumar KaushalCounsel for Respondent :- C.S.C.,D.K. Singh Chauhan,Ravi Singh Hon'ble Rajan Roy,J.

This petition has been taken up during winter vacationunder the orders of Hon'ble the Chief Justice on accountof the urgency shown by the petitioner.

Heard Mr. Sunil Kumar Singh, learned counsel for thepetitioner, Mr. Rahul Shukla, learned Additional ChiefStanding Counsel for the opposite parties no. 1 and 2, Mr.Ravi Singh, learned counsel for the opposite party no. 3and Mr. D.K. Singh Chauhan, learned counsel for theopposite party no. 4.

By means of this petition the petitioner which impartseducation in D-Pharma course has sought quashing of anorder dated 27.12.2024 (Annexure-1) which has beenpassed by the opposite party no. 3 i.e. Pharmacy Councilof India. Consequential relief regarding the petitionerbeing allowed to take admission in D-Pharma coursetentatively and also seeking a direction to the oppositeparty no. 2 to include the petitioner's name in the thirdround of counselling for D-Pharma course for theacademic session 2024-25 have been sought.

Annexure-1 is the impugned decision according to which10.12.2024 was the last date for hearing of appealsagainst denial of approval for D-Pharma course for theacademic session 2024-25. This cut off date has beenfixed by Hon'ble the Supreme Court of India vide orderdated 18.11.2024. Counsel for opposite party no. 4, Mr.D.K. Singh Chauhan has placed before the Court theorder dated 18.11.2024 passed in MiscellaneousApplication No. 2296/2024 in C.A. No. 9048/2012(arising out of final judgment and order dated 17.04.2014

in C.A. No. 9048/2012 passed by the Supreme Court ofIndia).

The impugned order says that as per Supreme Courtdirectives the applications received after 10.12.2024cannot be processed for the academic year 2024-25unless specific prior permission is granted by Hon'ble theSupreme Court of India. The impugned order further saysthat the order dated 13.12.2024 passed by the Hon'blethe Supreme Court of India in Misc. Application No.55173 of 2024 (Parshavanath Charitable Trust & Anrvs. All India Council for Technical Education & Ors.)was issued under specific circumstances and only afterthe Court's direction qua the applicant institution. Theclaim of petitioner-institution has accordingly been denied,especially as, the order of Hon'ble the Supreme Court ofIndia dated 20.12.2024 applied exclusively to theinstitutions that were parties to the case before theSupreme Court of India at that time which the petitionerwas not. Accordingly, the application of the petitioner hasbeen considered and disposed of in terms of the orderdated 19.12.2024 passed by this Court in earlier writpetition filed by the petitioner bearing Writ C No. 11186 of2024.

Learned counsel for the opposite parties has informedthat the third round of counselling for the aforesaid coursefor the academic year 2024-25 has been completed on28.12.2024 and the fourth round is to take place today.

On being confronted with the aforesaid situation, counselfor the petitioner reconciled to this fate.

I see no error in the impugned order. Considering the timeline prescribed by Hon'ble the Supreme Court of India,there is no ground for interference under Article 226 of theConstitution of India.

The writ petition is dismissed.

[Rajan Roy, J.]