/11762/2023 of SHRI SUNDAR LAL COLLEGE OF PHARMACY BARAANKI THRU. ITS SECY RAKESH KUMAR DIXIT AND 2 OTHERS Vs STATE OF U.P THRU. PRIN. SECY. TECHNICAL EDUCATION LKO. AND 3 OTHERS on 29 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, Sri Shailendra Kumar Singh, the learned ChiefStanding Counsel assisted by Sri Anirudh Singh, the learnedStanding Counsel for opposite party nos. 1 & 3-State of U.P.and Board of Technical Education, U.P., Sri Ravi Singh, thelearned counsel for opposite party no. 2-Pharmacy Council ofIndia and Sri D.K. Singh Chauhan, the learned counsel for theopposite party no. 4-Joint Entrance Examination Council, U.P.

3. By means of the instant writ petition the petitioners, who areinstitutions established for imparting education for award ofDiploma in Pharmacy have approached this Court seekingissuance of a writ of mandamus, directing the opposite party no.3-Board of Technical Education, U.P. to provide affiliation tothe petitioners' institutions for running D-Pharma courses forthe academic session 2023-24 and also to direct the oppositeparty no. 4-Joint Entrance Examination Council, U.P., to allowthe petitioners' institutions to participate in counseling formaking admissions to Diploma in Pharmacy courses for theacademic session 2023-24.

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.SCollege of Pharmacy, Bulandshar Thru. President HimanshuSharma and Another Vs. State of U.P through Additional ChiefSecretary, Department of Technical Education, Lucknow and three others, wherein this court has issued a direction to grantaffiliations to the institutions, which have fulfilled the criteriafixed by the Pharmacy Council of India (hereinafter referred as'P.C.I.') and have obtained approval, unless the StateGovernment, on the basis of cogent material, approaches theP.C.I. for revoking the approval in terms of Section 13 of thePharmacy 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 passed in the caseof HMS College of Pharmacy (supra) and also the fact that the matter isnow subjudice before the Division Bench of this Court in Special AppealNo.504 of 2023 and the order of Division Bench dated 13.12.2023 passedin the aforesaid special appeal whereby the colleges, if they so desire,were required to take appropriate steps by filing separate petitions and theinstant petition has been filed and further, the respondent no.2 has alsogranted temporary affiliation to the Institution vide order dated30.11.2023, the instant petition is disposed of providing that the benefit ofthe judgment of this Court in the case of HMS College of Pharmacy(supra) shall also be extended to the petitioners as also the benefit of theorder dated 30.11.2023 whereby the Institutions have been grantedtemporary affiliations and also permitted for counselling provisionally,which would obviously be in accordance with law, the rules and theregulations.

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

7. The learned counsel for the opposite parties have opposed thewrit petition and they have submitted that several writ petitionshave been filed with similar prayers and in furtherance ofdirection issued by this Court, on 21.12.2023, a notice was to bepublished for conducting additional/ special counseling foradmission by students to institutions which had filed writpetitions in this Court. The schedule of Additional/Specialcounseling mentions that the counseling was to be conducted between 22.12.2023 to 29.12.2023. A copy of the schedule ofcounseling has been produced for perusal of the Court, whichmentions that the candidates had filled up their choices foradmission between 22.12.2023 to 25.12.2023 and seat allotmentwas to be made on 26.12.2023 up to 01:00 p.m. The petition hasbeen filed on 28.12.2023, after the period for filling of choicesof the candidates and seat allotment had already got over. Asper the order dated 06.09.2023 passed by the Hon'ble SupremeCourt in Misc. Application No. 1927 of 2023 in Civil Appeal N.9048 of 2012, Parshwa Nath Charitable Trust v. All IndiaCouncil for Technical Education and others, the counseling hasto be completed by 30.12.2023.

8. The learned counsel for the respondents have submitted thatin case he counseling schedule is disturbed at this stage andcounceling is ordered for admissions to the petitioners'institutions, it will be in violations of the aforesaid order passedby the Hon'ble Supreme Court.

9. Having considered the aforesaid facts and circumstances ofthe case, it appears that the petitioner colleges have beengranted approval by the Pharmacy Council of India. There isalready an order passed by this Court directing the Board ofTechnical Education, U.P. to grant affiliation to all theinstitutions which have received approval by the PharmacyCouncil of India, which include the petitioner institutions also.The learned counsel for the opposite parties do not dispute thisposition.

10. In view of the above facts and circumstances of the case, adirection is issued to the opposite party no. 3-Board ofTechnical Education, U.P. to take a decision regardingprovisional affiliation of the petitioner institutions inaccordance with law and communicate the same to thepetitioners' institutions within a period of ten days from today.

11. With the aforesaid observations, the writ petition standsdisposed of.

Order Date :- 29.12.2023Pradeep/-