/11759/2023 of KEDAR PHAUJDAR COLLEGE OF PHARMACY, GURAINI DISTT. GAZIPUR, THRU. ITS PRESIDENT SURENDRA YADAV Vs STATE OF U.P. THRU. PRIN. SECY. TECHNICAL EDUCATION LKO. AND 3 OTHERS on 27 December 2023

1. The matter has been placed before this specially constitutedbench during on going winter vacation under an order passed bythe Hon'ble Chief Justice.

2. Heard Sri Gopal Pandey, the learned counsel for thepetitioners and Sri Shailendra Singh, the learned Chief StandingCounsel, Sri Anirudh Singh, the learned Standing Counsel forthe State respondent and Sri Lakshman Singh, Advocateholding brief of Sir D.K. Singh Chauhan, the learned counselfor the opposite party no. 4- Joint Entrance ExaminationCounsel ( Polytechnic, U.P, Lucknow).

3. By means of the instant writ petition the petitioners, who areinstitutions imparting education for award of Diploma inPharmacy, have approached this court seeking issuance of awrit of mandamus, directing the opposite parties to provideaffiliation to the petitioners' institutions for running D-Pharmacourses for the academic session 2023-24, as approval hasalready been granted by Pharmacy Council of India, NewDelhi.

4. The learned counsel for the petitioners has submitted that theissue involved in the present writ petition has been decided bythis court in the judgment dated 27.09.2023 passed by acoordinate bench of this court in a bunch of writ petitions, theleading case being Writ-C No. 8389 of 2023 in Re: H.M.S

College of Pharmacy, Bulandshar Thru. PresidentHimanshu Sharma and Another Vs. State of U.P throughAdditional Chief Secretary, Department of TechnicalEducation, Lucknow and three others, wherein this court hasissued a direction to grant affiliations to the institutions, whichhave fulfilled the criteria fixed by the Pharmacy Council ofIndia (hereinafter referred as 'P.C.I.') and have obtainedapproval, unless the State Government, on the basis of cogentmaterial, approaches the P.C.I. for revoking the approval interms of Section 13 of the Pharmacy Council of India Act.

5. The learned counsel for the petitioners has submitted that thepetitioners' institutions have already been granted approval bythe P.C.I. for the Academic Session 2023-24. He furthersubmitted that on similar facts, Writ-C No. 11751 of 2023 and11752 of 2023 have also been disposed off by a coordinatebench of this Court by separate orders passed on 23.12.2023.

6. During pendency of this special appeal, another writ petitionbearing Writ-C No. 10851 of 2023 titled Vardan Institute OfPharmacy, Unnao Thru. Manager/Trustee Prasoon Dixit andAnother Vs. State of U.P. Thru. Additional Chief Secretary,Department of Technical Education, Lucknow and others wasfiled in this court and the aforesaid writ petition was disposedof by means of an order dated 14.12.2023 passed by acoordinate bench, providing that:- " 8. Accordingly, considering the judgment of this Court passedin the case of HMS College of Pharmacy (supra) and also thefact that the matter is now subjudice before the Division Benchof this Court in Special Appeal No.504 of 2023 and the order ofDivision Bench dated 13.12.2023 passed in the aforesaidspecial appeal whereby the colleges, if they so desire, wererequired to take appropriate steps by filing separate petitions

and the instant petition has been filed and further, therespondent no.2 has also granted temporary affiliation to theInstitution vide order dated 30.11.2023, the instant petition isdisposed of providing that the benefit of the judgment of thisCourt in the case of HMS College of Pharmacy (supra) shallalso be extended to the petitioners as also the benefit of theorder dated 30.11.2023 whereby the Institutions have beengranted temporary affiliations and also permitted forcounselling provisionally, which would obviously be inaccordance with law, the rules and the regulations.

9. It goes without saying that the order passed would be subjectto the final decision of the Special Appeal No.504 of 2023."

7. The learned Chief Standing Counsel does not dispute thepassing of the aforesaid orders and fact that the petitioners' caseis also similar to the other cases, which have been decided bythis court.

8. Having considered the aforesaid facts and circumstances ofthe case, as identical writ petitions have already been disposedof by coordinate benches of this Court and the orders of thecoordinate benches are biding of this court, the instant writpetition is also disposed off in terms of the order dated14.12.2023 passed by this court in Writ-C No. 10851 of 2023,Vardan Institute Of Pharmacy, Unnao Thru. Manager/TrusteePrasoon Dixit and Another Vs. State of U.P. Thru. AdditionalChief Secretary, Department of Technical Education, Lucknow.

(Subhash Vidyarthi,J.)

Order Date :- 27.12.2023/Preeti.