ORISSA PHARMACY COLLEGE ASSOCIATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Orissa Pharmacy College Association is petitioner in W.P. (C) No. 11960 of 2003 and the petitioners in W.P. (C) No. 12112 of 2003 are some of the students admitted to the B. Pharma course during the session 2003-04 and common questions of law and facts being involved in both the writ petitions, oh the prayer and with consent of the learned counsel for the parties, are taken up together for hearing and disposed of by this common judgment.

(2.) The petitioners assail the communication of the Government in Health and Family Welfare Department dated 22.9.2003, a copy of which is Annexure-9, withdrawing the letter No. 29219/H. Dated 18.9.2003 with immediate effect.

(3.) Briefly stated, facts are that the petitioner in W.P.(C)No. 11960 of 2003 is an Association of Private Managed Pharmacy Colleges of the State, which are imparting instruction and courses for a bachelor Degree in Pharmacy (B.Pharma). The petitioner addressed a letter to the Minister, Health and Family Welfare for permission to admit non-J.E.E. candidates and Diploma Holders by letter dated 8.8.2003 and reiterated in its subsequent letters. The Health and Family Welfare Department in its letter dated 18.9.2003 addressed to the Director of Medical Education and Training intimated that the Government on consideration of vacancy position of B. Pharma seats in Private Pharmacy Colleges and the direction of the Hon'ble Supreme Court, decided that due to time constraint, the vacant seats may be filled up by respective institution by conducting another round of counselling restricted to eligible JEE/AIEE candidates if they are available or by way of common entrance test and counselling to be conducted by the Orissa Pharmacy College Association from amongst the candidates having minimum eligible qualification. It was further directed that wide publicity is to be given for the candidates already available in the list drawn out of the common Entrance Test and simultaneously advertisement be made for conducting an entrance test meant for B. Pharma course at a Central place intimating the candidates having minimum eligible qualification as specified by the JEE during 2003. The process of admission was directed to be completed by 30th September unfailingly. This admission procedure was laid for the session 2003-04 only.