Excerpt
The Petitioners approached the Supreme Court seeking direction to be issued to the Respondent No. 1- DR. A.P.J Abdul Kalam Technical University to grant affiliation for B. Pharma Course to the Petitioner colleges for the academic year 2020-2021 with further direction to Respondent No.1- University to organize special examinations for B. Pharma students for the academic year 2020-2021.
Facts of the Case
On 28th January 2020, Respondent No.1 – University invited applications for grant of affiliation for the year 2020-21. In response, the Petitioners submitted applications in the month of February 2020 seeking affiliation for the B. Pharma course for the year 2020-21. The Pharmacy Council of India (PCI) granted its approval to Petitioner No.1- VIIT Pharmacy College for the conduct of a first-year B. Pharma course with an intake capacity of 100 students. Petitioner No.2- RV Institute of Pharmacy was granted a similar approval with an intake capacity of 60 students.
In the meantime, Respondent No.2- State of Uttar Pradesh came up with the policy for restricting the number of pharmacy colleges to only two per district. The said policy came to be challenged before the High Court of Allahabad in a bunch of Petitions. The Allahabad High court had set aside this policy insofar as to the Petitioners who had approached the High Court. Thus, the Petitioner institutions were permitted to participate in the counselling being conducted for admission.
Petitioner No.1, relying on the order of the High Court also filed a Writ Petition before the Allahabad High Court. The said Petition was also allowed and the policy was set aside. A similar Petition also was filed by Petitioner No.2 which too was allowed on similar grounds. Likewise, one S.D. College of Sciences had also filed a Writ Petition which was allowed similarly. However, Respondent No.1 – University rejected the said application of S.D. College of Sciences for grant of affiliation. The Petitioner No. 1 herein along with one another institution thereafter filed a Writ Petition. The Petitioners contend that though the students of the Petitioner colleges had been granted permission to take the examination and the same is being dismissed at the last moment. Since Respondent No.1 – University refused to grant affiliation to the Petitioners and has refused to permit students to appear for the first year B. Pharma examination, the Petitioners approached the Supreme Court.
Court’s Observations
The Court observed that PCI has approved both the Petitioners with an intake capacity of 100 and 60 students respectively. Not only that but the Petitions filed by the Petitioners challenging the policy decision of the State Government have also been allowed by the High Court. Also, the State Government has granted conditional affiliation after considering the recommendations made by the Affiliation Committee. The Court further stated that that petition deserved to be allowed.
Court’s Judgement
Respondent No.1- University was directed to grant affiliation to the Petitioner colleges for the academic year 2020-21. Also, permit the students of the Petitioner colleges to participate in the special examinations to be organized by the Respondents No.1- University for the academic year 2020-21.
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