In a recent legal development, a Court has directed a University to grant affiliation for the B. Pharma course, emphasizing the importance of complying with laws and regulations in Pharmacy education. The ruling comes after a series of challenges faced by petitioners against restrictive policies and decisions made by authorities. The Court’s detailed legal analysis sheds light on the significance of following Pharmacy Council of India norms and regulations. This decision marks a crucial step towards ensuring proper recognition and approval of degrees in Pharmacy education.
Facts
- In response to the petitioners’ applications for affiliation for the B. Pharma course for the year 2020-21, they were allowed to participate in the counseling for admission to the course.
- Petitioners faced issues during the examination process for the academic year 2020-21.
- A policy limiting the number of pharmacy colleges to two per district was introduced by the State Government of Uttar Pradesh in May 2020.
- Several writ petitions were filed by the petitioners challenging the rejection of affiliation applications by the University.
- The Pharmacy Council of India approved the conduct of the B. Pharma course for the petitioners with specific intake capacities.
- High Court orders set aside the restrictive policies, directing the respondents to consider the affiliation applications in accordance with the law.
- Petitioners approached the Court as the University refused affiliation and participation of their students in the examination.
- The Court referenced the case of Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy in its decision.
- The State Government granted conditional affiliation for the B. Pharma course after recommendations from the Affiliation Committee.
- The actions of the petitioners and the authorities were influenced by various court orders and policies.
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Issue
- The Pharmacy Act, 1948 prevails in Pharmacy Education, including the recognition of degrees and diplomas.
- PCI norms and regulations must be followed by institutions providing Pharmacy education.
- PCI decisions are binding on institutions offering degrees and diplomas in Pharmacy.
- PCI had approved the petitioners with specific intake capacities.
- High Court allowed petitions challenging the State Government’s policy decision.
- State Government granted conditional affiliation to petitioners after considering recommendations.
- The petitioners’ averments were not rebutted by the respondent No.1-University.
- The petition is allowed, and respondent No.1-University is directed to grant affiliation for 2020-21.
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Case Title: VIIT PHARMACY COLLEGE Vs. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY (2021 INSC 255)
Case Number: W.P.(C) No.-000390 / 2021
