PANDIT BHAGWAT DAYAL SHARMA UNIVERSITY OF HEALTH SCIENCES AND ORS. Vs. ADVANCED INSTITUTE OF PHARMACY AND ORS.

JUDGEMENT

(1.) This order will dispose of LPA No. 1307 of 2014 titled 'Pandit Bhagwat Dayal Sharma University of Health Sciences versus Advanced Institute of Pharmacy and others' as also LPA No. 1906 of 2014 titled 'Pharmacy Council of India versus Advanced Institute of Pharmacy and others.' Both the appeals arise out of the same judgment and order dated 05.08.2014 passed by the learned Single Judge in CWP No. 12261 of 2014.

(2.) The facts are taken primarily from LPA No. 1307 of 2014 filed by the Advanced Institute of Pharmacy ('Institute' - for short) (respondent No. 1). The said respondent No. 1 - Institute filed a writ petition i.e. CWP No. 12261 of 2014 in this Court against the appellant - Pandit Bhagwat Dayal Sharma University of Health Sciences ('Pt. B.D. Sharma University' - for short) and the Pharmacy Council of India as also the Union of India, the All India Council of Technical Education ('AICTE' - for short) and the University Grants Commission, besides, the Maharishi Dayanand University, Rohtak which was a pro forma respondent seeking quashing of the order dated 16.06.2014 by which the Pt. B.D. Sharma University declined the application of the respondent No. 1 - Institute for increase in intake of students from 60 to 100 in its B. Pharmacy Course. The reasons for declining the increase in intake from 60 to 100 seats was that the respondent No. 1 - Institute had submitted the application for proposal along with the prescribed fee after the last date, i.e. 31.10.2013, of the preceding year, besides, the University Grants Commission had decided to have one year moratorium for affiliation of fresh colleges providing technical education and approval of intake of students in technical colleges, i.e. the D.O. letter dated 04.04.2014 had already been circulated to all Pharmacy colleges/institutes vide letter dated 06.06.2014. Accordingly, the approval of increase in intake of seats in respondent No. 1 -Institute was declined by the impugned letter dated 06.06.2014.

(3.) The respondent No. 1 - Institute imparts courses in Pharmacy and is run by Shri Bankey Bihari Educational Trust registered under the Trusts Act, 1882. The respondent No. 1 - Institute is functioning since the year 2007 -08 as an institute for providing B. Pharmacy Education Courses. Earlier, this Institute was affiliated to the Maharishi Dayanand University, Rohtak. The State of Haryana enacted the Pandit Bhagwat Dayal Sharma University of Health Sciences Rohtak Act, 2008, which was published in the gazette on 02.06.2008 and notified on 18.08.2008 ('2008 Act' - for short). All the colleges imparting education relating to Health Sciences, which were earlier affiliated with the Maharishi Dayanand University, Rohtak stood automatically affiliated to the Pt. B.D. Sharma University. The Pt. B.D. Sharma University on 16.07.2009 issued an Ordinance providing for the conditions of affiliation of colleges and institutions to the privileges of the University and the Withdrawal of such privileges i.e. "Ordinance on the Conditions of Affiliation of Colleges and Institutions to the privileges of the University and the Withdrawal of such privileges" ('Ordinance' - for short). Clause 2 (A) of the said Ordinance, inter alia, provided that the last date for submission of application/proposal along with prescribed processing fee for new College/Institute/increase intake/additional course(s)/specialization/subject(s) etc. without late/extra fee shall be 31st October of the preceding year to which it is proposed to start. Clause 2 (B) provides that the proposal/application shall be entertained up to 31st December of the preceding year on payment of 50% extra charges and up to 31st March of the year concerned on payment of 100% extra charges. In terms of Clause 3 of the Ordinance, the management applying for affiliation and management whose college or institution has been granted affiliation, were to give and comply with the undertakings as enumerated in sub -clauses (a) to (k) of Clause 3 of the Ordinance.