CHIEF EXECUTIVE TRUSTEE LISIE MEDICAL AND EDUCATIONAL INSTITUTIONS Vs. KERALA UNIVERSITY OF HEALTH SCIENCE

JUDGEMENT

(1.) Heard Sri.Kurian George Kannanthanam, the learned Senior counsel appearing for the appellant/writ petitioner. Also heard Sri.P.Sreekumar, the learned standing counsel appearing for the Kerala University of Health Sciences (hereinafter referred to as "the University") and their Vice Chancellor (respondent Nos.1 and 2). The Pharmacy Council of India and the Union of India (respondent Nos.3 and 4), are represented by Smt.O.M.Shalina, the learned Central Government Counsel.

(2.) The W.P(C).No.30506 of 2018 was filed by the Chief Executive Trustee of the Lisie Medical and Educational Institutions, who were proposing to start B.Pharm programme. The University had granted the consent on 13.09.2018 (Ext.P6), to commence the course but stated that in addition to the approval they have secured, from the All India Council for Technical Education (AICTE), prior approval from the Pharmacy Council of India, in accordance with Section 12(1) of the Pharmacy Act, 1948 (hereinafter referred to as the "Pharmacy Act"), would be needed. Since this was stipulated by the court while analogously disposing of the Writ Petition, in this Appeal, that portion of the judgment dated 08.02.2019 is challenged by the aggrieved writ petitioner.

(3.) The learned Senior Counsel for the appellant would refer to Section 12 of the Pharmacy Act to point out that only when course already commences, the approval can be mandated from the Pharmacy Council, for the purpose of conducting examination but for a proposal, which has already been approved by the AICTE, such approval from the Pharamcy Council is unnecessary. The counsel would refer to Section 10 of the Pharmacy Act and the Regulations framed thereunder to argue that insistence of a prior approval of the Pharmacy Council of India is inconsistent with the legal requirement, prescribed under Section 12 of the Pharmacy Act. Also according to the Senior Counsel, the Clause 9(1) of the Regulations framed by the Pharmacy Council, is ultra vires the provisions in Section 10 and Section 12(1) of the Pharmacy Act.