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2017 DIGILAW 324 (JK)

University of Jammu v. Lakshya Dev

2017-07-14

ALOK ARADHE, B.S.WALIA

body2017
JUDGMENT : Alok Aradhe, J. Caveat No. 1681/2017: With the appearance of learned counsel for the respondents, caveat shall stand discharged. LPASW No. 56/2017, MP No. 01/2017: Heard on the question of admission as well as MP No. 01/2017. 2. Learned counsel for the appellants submits that the learned Single Judge ought to have appreciated that the College had neither affiliation from the University nor with All India Council for Technical Education, therefore, no direction could have been issued by the Learned Single Judge directing the university to undertake the examination of respondents. 3. On the other hand, Mr. Abhinav Sharma, learned counsel for the respondents submits that the Institution in which the respondents were pursuing their studies had applied for its affiliation for the Academic Session 2015-16 and an advertisement was issued on 28.06.2015 for admission of the students for B. Pharma Course. It is further submitted that as per the decision of the Supreme Court in the case of Parshvanath Charitable Trust vs. All India Council for Technical Education, (2013) 3 SCC 385 , the appellants herein ought to have dealt with the application for affiliation upto 15th May, 2015. However, the application for affiliation was submitted by the Institution of which the respondents students were studying was rejected vide order dated 08.09.2015 and in the meanwhile, the respondents were admitted by the Institution in which they are pursuing their studies for the past about two years. It is also submitted that the application for affiliation was wrongly rejected on the ground that the approval of AICTE is required and the Institution is not registered with the Pharmacy Council of India as well as State Pharmacy Council. It is, further, submitted the approval of AICTE is not required in view of law laid by the Supreme Court in Association of Management of Private College v. All India Council for Technical Education and others, (2013) 8 SCC 271 and the provisions of the Act under which the Pharmacy Council of India has been constituted do not apply to the State of Jammu and Kashmir. It is further submitted that the State Pharmacy Council is yet to be created. Thus on pleading on erroneous and non-existence grounds, the application seeking affiliation was rejected. However, he prays for adjournment in order to enable him to address this Court. It is further submitted that the State Pharmacy Council is yet to be created. Thus on pleading on erroneous and non-existence grounds, the application seeking affiliation was rejected. However, he prays for adjournment in order to enable him to address this Court. As prayed, let the appeal be listed for further orders in the week following next.