Keshav Achari S/o Javare Gowda v. Pharmacy Council of India (Statutory Body Under Ministry of Health and Family Welfare) New Delhi
2025-07-02
E.S.INDIRESH
body2025
DigiLaw.ai
ORDER : 1. This writ petition is filed, seeking direction to the respondent Nos.2 and 3 to generate the registration numbers of the petitioners for D.Pharma course for the academic year 2023-24 inter alia sought for direction to the respondent Nos. 2 and 3 to permit the petitioners herein to appear for the Annual Examination scheduled to be commenced in terms of Annexure-J. 2. Heard Sri.Sreeram Singh, learned counsel appearing for the petitioners, Sri.S.S.Haveri, learned counsel for the respondent No.1, Smt.B.P.Radha, learned AGA for respondent Nos. 2 to 4. 3. It is contended by the learned counsel appearing for the petitioners by inviting the attention of the Court to Annexure-L, that the respondent No.1 has granted approval up to 2024-25 academic session subject to the payment to be made in favour of the respondent No.1 as per the PCI decision reflected in the Annexure-L to the writ petition. Accordingly, sought for interference of this court. 4. Sri.S.S.Haveri, learned counsel appearing for the respondent No.1 submitted that the approval has already been extended as per Annexure-L subject to the payment of the regulatory charges through DD in favour of the respondent No.1 and same has been paid as per the memo dated 27.06.2025 and receipt of the same is acknowledged. Accordingly, he submitted that the approval granted earlier be extended insofar as 2024-25 academic year is concerned. 5. Smt.B.P.Radha, learned AGA, invited the attention of the Court to the Section 12 of the Pharmacy Act, 1948, and submitted that unless the respondent No.1 approved the course insofar as the petitioners are concerned, it is not possible for the respondent Nos.2 and 3 to generate the registration numbers insofar as the petitioners are concerned. Accordingly, sought for dismissal of the petition. 6. In the backdrop of these aspects on record, I have carefully considered the provisions contained under Section 12 of the Pharmacy Act, 1948, and the decision taken by the respondent No.1 at Annexure -L which reads as under; "415 th EC held on 13.05.2025 decided as under - D.Pharma extend approval upto 2024-2025 academic session for 60 admissions for D.Pharma course. The above extension of approval is granted subject to inspection throughout the year.
The above extension of approval is granted subject to inspection throughout the year. It was also decided to instruct the Institution to submit pending Pharmacy Education Regulatory Charges (PERC) through Demand Draft in favour of Pharmacy Council of India payable at New Delhi within one month failing which approval granted for 2024-2025 Academic session will be withdrawn automatically." (Emphasis Supplied) 7. Looking into the decision taken by the respondent No.1 at its 415 th EC meeting held on 13.05.2025, would indicate that, respondent No.1 decides to extend an approval insofar as the institution is concerned, up to 2024-25 academic session subject to the payment of the regulatory charges by the institution is concerned. In this regard institution has paid the regulatory charges and the same is not disputed by respondent No.1. In that view of the matter, I am of the view that the respondent Nos.2 and 3 are hereby directed to generate the registration numbers insofar as the petitioners/ students Nos.1 to 60 are concerned, at the earliest. In view of the compliance of the direction by the respondent No.1, the submission made by the Learned AGA cannot be accepted. 8. At this juncture, learned counsel appearing for the petitioners has submitted that the supplementary examination fee shall be payable by the unsuccessful students for the ensuing examination by 03.07.2025. In that view of the matter, the respondent Nos.2 and 3 are directed to announce the result of the petitioners/students herein in terms of the order dated 30.06.2025, today itself. 9. Learned AGA is directed to communicate the same to the respondent Nos.2 to 4 through telephonic conversation. 10. It is also to be noted that the petitioners herein have appeared for the examination in terms of the interim order dated 13.01.2025, and in view of compliance of the decision taken by the respondent No.1, there is no impediment to announce results. Accordingly, writ petition is allowed.