Case Note & Summary
The dispute involved two pharmacy colleges petitioning the Supreme Court for a direction to Dr. A.P.J. Abdul Kalam Technical University to grant affiliation for the B. Pharma course for the academic year 2020-21 and organize special examinations for their students. The petitioners had applied for affiliation in February 2020 after the University invited applications. The Pharmacy Council of India granted approval to both colleges in April 2020, subject to submission of affiliation consent and NOC. However, the State of Uttar Pradesh introduced a policy in May 2020 restricting pharmacy colleges to two per district, which was challenged in the Allahabad High Court. The High Court set aside the policy for the petitioners in November 2020, directing the University to decide on their affiliation applications. Despite this, the University rejected a similar application in December 2020, leading to a writ petition in the Supreme Court. The petitioners contended that their students were denied participation in exams in March 2021, while students from another college were permitted under a Supreme Court order. The State Government granted conditional affiliation in March 2021 based on Affiliation Committee recommendations. The legal issue centered on whether the University should grant affiliation and conduct exams, considering PCI approval and prior court orders. The petitioners argued that PCI approval was binding and the High Court had already set aside the restrictive policy. The respondents did not controvert the petitioners' averments. The Court analyzed the precedent in Pharmacy Council of India v. Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy, which held that the Pharmacy Act, 1948 prevails in pharmacy education, and PCI norms must be followed. The Court found that PCI had granted approval, the High Court had allowed the petitioners' challenges, and the State Government had granted conditional affiliation. Given the uncontroverted facts, the Court allowed the petition, directing the University to grant affiliation for 2020-21 and permit students to participate in special examinations.
Headnote
A) Education Law - Pharmacy Education - Affiliation and PCI Approval - Pharmacy Act, 1948 - Petitioners sought affiliation for B. Pharma course after PCI granted approval, but University refused despite High Court setting aside state policy restricting colleges - Court held that Pharmacy Act, 1948 prevails in pharmacy education, and PCI norms must be followed, directing University to grant affiliation and conduct special exams as averments were uncontroverted (Paras 9-11).
Issue of Consideration
Whether the respondent University should grant affiliation to the petitioner colleges for B. Pharma course for academic year 2020-21 and organize special examinations for their students
Final Decision
Petition allowed; respondent University directed to grant affiliation to petitioner colleges for academic year 2020-21 and permit students to participate in special examinations organized by University
Law Points
- Pharmacy Act
- 1948 prevails over state policies in pharmacy education
- PCI approval is binding for affiliation
- courts can grant relief based on uncontroverted facts and prior approvals
