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Supreme Court of India
Sri Sai Rr Institute Of Pharmacy vs Dr. A.P.J. Abdul Kalam Technical … on 6 July, 2021
Author: B.R. Gavai
Bench: Rohinton Fali Nariman, K.M. Joseph, B.R. Gavai
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.446 OF 2021 SRI SAI RR INSTITUTE OF PHARMACY ...PETITIONER(S) VERSUS DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER ...RESPONDENT(S) WITH WRIT PETITION (CIVIL) NO.448 OF 2021 SHRI BADRINATH COLLEGE OF PHARMACY ...PETITIONER(S) VERSUS DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER ...RESPONDENT(S) ORDER
B.R. GAVAI, J.
1. Both these writ petitions filed by the petitioner –
colleges seek various directions, including the direction to
Signature Not Verified
Digitally signed by
Jayant Kumar Arora
respondent No. 1 Dr. A.P.J. Abdul Kalam Technical University
(hereinafter referred to as “the University”), i.e, to comply with
Notification dated 19.3.2021 issued by the State Government
and grant conditional affiliation to the petitioner – colleges for
Academic Year 20202021; direction directing the University to
organize special examinations for B. Pharma students for
Academic Year 20202021 in view of the aforesaid Notification
dated 19.3.2021; and direction to the University to permit
students of the petitioner – colleges to participate in the special
2. It is the contention of the petitioner – colleges that the
facts in the present writ petitions are identical with the facts in
Writ Petition (Civil) No. 390 of 2021 (VIIT Pharmacy College and
another vs. Dr. A.P.J. Abdul Kalam Technical University and
another)1, which was allowed by this Court vide order dated
3. Insofar as Writ Petition (Civil) No. 390 of 2021 is
concerned, the University has not seriously disputed that the
1 2021 SCC Online SC 322
facts in the present writ petitions are similar to that in Writ
Petition (Civil) No. 390 of 2021. However, it is the contention of
the University, taken for the first time in Writ Petition (Civil) No.
448 of 2021 (Shri Badrinath College of Pharmacy vs. Dr. A.P.J.
Abdul Kalam Technical University & Anr.), that the petitioner
Shri Badrinath College of Pharmacy did not participate in the
counselling process and as such, is not entitled to any relief.
Another ground that has been taken is, that there is a similar
writ petition pending before the High Court filed by the
petitioner Shri Badrinath College of Pharmacy with regard to
the same relief.
4. We find, that the facts in both the present writ
petitions are almost similar to facts in Writ Petition (Civil) No.
390 of 2021 decided by this Court on 15.4.2021. In both cases,
grant of affiliation was denied by the University on the sole
ground, that the timeline as prescribed by All India Council for
Technical Education (AICTE) had lapsed.
5. It is also not in dispute, that vide Notification dated
19.3.2021, the State Government after considering the
recommendations made by the Affiliation Committee has
granted conditional affiliation to the petitioner colleges for
admission in B. Pharma course in compliance with the order of
the High Court passed in Writ Petition No.12536 of 2020.
6. The writ petitions have been filed by the petitioner –
colleges since the University has refused to grant affiliation to
the petitioner – colleges and to permit their students to appear
for First Year B. Pharma examination.
7. This Court while allowing Writ Petition (Civil) No. 390 of
2021 has observed thus:
“9. This Court, in the case of, Dr. S.K.
Toshiwal Educational Trusts Vidarbha
Institute of Pharmacy (supra), has held as
“87. In view of the above and for the
reasons stated above, it is held that in the
field of Pharmacy Education and more
particularly so far as the recognition of
degrees and diplomas of Pharmacy
Education is concerned, the Pharmacy Act,
1948 shall prevail. The norms and
regulations set by the PCI and other
specified authorities under the Pharmacy
Act would have to be followed by the
concerned institutions imparting education
for degrees and diplomas in Pharmacy,
including the norms and regulations with
respect to increase and/or decrease in
intake capacity of the students and the
decisions of the PCI shall only be followed
by the institutions imparting degrees and
diplomas in Pharmacy. The questions are
10. Indisputably, in the present case, the PCI
has granted approval to both the petitioners
vide order dated 10th April 2020, with intake
capacity of 100 and 60 admissions/students
respectively. Not only that, the petitions filed
by the petitioners challenging the policy
decision of the State Government dated 15 th
May 2020, have been allowed by the High
Court vide judgment and order dated 9 th
November 2020. Indisputably, the State
Government also vide notification dated 19 th
March 2021, has granted conditional affiliation
after considering the recommendations made
by the Affiliation Committee. In the peculiar
facts and circumstances of the case and
particularly, taking into consideration, that the
averments made on affidavit by the petitioners,
are not controverted by the respondent No.1
University, we find that the petition deserves to
8. As in the aforesaid case decided by order dated
15.4.2021, in the present case also the approval has been
granted by the Pharmacy Council of India (PCI) on 10.4.2021 to
both the petitioner – colleges with an intake capacity of 60
students each. The present petitioners have also filed the
petitions challenging the policy decision of the State
Government dated 15.5.2020 before the High Court and the
same have been allowed by the High Court by judgments and
orders dated 2.11.2020 and 10.11.2020. In the present case
also, the State Government vide Notification dated 19.3.2021
has granted conditional affiliation after considering the
recommendations made by the Affiliation Committee.
9. In the peculiar facts and circumstances of the case,
particularly finding that the facts in both the present cases are
almost similar with the facts in Writ Petition (Civil) No. 390 of
2021, we are of the view that the present petitioners are also
entitled to the same relief as is granted by this Court in Writ
Petition (Civil) No. 390 of 2021.
10. We are therefore inclined to allow the petitions in the
The University is therefore directed to grant affiliation
to the petitioner Colleges for the Academic Year 202021 and
also permit the students of the petitioner Colleges to
participate in the special examinations to be organized by the
University for the Academic Year 202021 in view of the
Notification dated 19th March 2021.
11. The writ petitions are allowed in the above terms.
JULY 06, 2021.