INSTITUTE OF PHARMACEUTICAL SCIENCES REPRESENTED BY ITS DIRECTOR , GREGORY PAULOSE Vs. PHARMACY COUNCIL OF INDIA REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDING, KOTLA ROAD

JUDGEMENT

(1.) The Institute of Pharmaceutical Sciences, Nalamile, Aluva is the petitioner. According to the petitioner, the institution was established in the year 1998 and has been functioning for the past 18 years. The institution was initially functioning at Chalakkuzhy Road, Thiruvananthapuram District. It is a Self Financing College conducting D.Pharm courses. The petitioner wanted to shift the institution to Ernakulam District. A convenient place was located and the institution was shifted to the new premises and relocated there. For the purpose of shifting, they had sought for the issue of a No-Objection Certificate ('NOC' for short) from the Government, which was granted by Ext.P1 proceedings dated 17.10.2015. As a condition for grant of the NOC, it was insisted that the petitioner should admit students to 50% of the sanctioned seats on merit, while retaining the remaining 50% as management seats. Allotment to the merit seats were to be made at the rate of fee fixed by the Government from time to time and subject to conditions in the prospectus to be published for each year. Pursuant to Ext.P1, Ext.P2 agreement was executed with the Government for the year 2015-2016. However, for the subsequent year, the petitioner was not issued with a Letter of Permission by the Government. Consequently, the petitioner was not able to admit students to the Institution, during the said year. It was in the said circumstances, that this writ petition was filed.

(2.) The contention of the petitioner is that, the Diploma Courses conducted by the petitioner have been approved by the Pharmacy Council of India, as evident from Ext.P3 proceedings. However, by Ext.P9 dated 09.01.2017 the request for Letter of Permission dated 16.06.2016 submitted by the petitioner was rejected. This writ petition is filed challenging the said proceedings also.

(3.) According to Advocate S.Ramesh, who appears for the petitioner, the Government have no power or authority to insist that the petitioner could conduct the D.Pharm course only upon obtaining a Letter of Permission from the Government. Our attention is drawn to Section 12 of the Pharmacy Act, 1948 to point out that, it is the Central Council that has the power to grant approval to the courses conducted by institutions like the petitioner. The petitioner has already obtained such approval, though examination for the D.Pharm course is conducted by the Government. It has no authority to insist on a further condition that the petitioner shall obtain a Letter of Permission from it. The counsel also places reliance on interim orders issued by this Court in another writ petition, evidenced herein by Ext.P7 in support of his contention. According to the learned counsel, the said interim order has been made absolute by Ext.P8 judgment, at a later point of time.