PRABHA HARJILAL COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) Notice. Mr. Vishal Sharma, learned ASGI accepts notice on behalf of the respondents.

(2.) With the consent of learned counsel for the parties, petition is taken up for final disposal.

(3.) The case of the petitioner is that the petitioner-Prabha Harjilal College of Pharmacy and Paraclinical Sciences for Educational Advancement and Cultural Resurgence was established by Devi Lallayogeshwari (LalDed) Trust in the year, 2013 after procuring statutory NOC from the respondent No. 3-State Pharmacy Council. The petitioner made an application before the respondent No. 2- Indian Pharmacy Council for seeking approval and recognition for the course. However, respondent No.2 vide letter dtd. 13/2/2013 declined to process the application of the petitioner. Thereafter, petitioner after complying with all the directions of the Pharmacy Council of India resubmitted an application for reconsideration of his case for the session 2016-17 along with the affiliation fee of Rs.1.25 Lakh. However, the petitioner was informed by the respondent/council that matter has been taken up by respondent No.1/Ministry of Health and Family Welfare (MOH and FW), Government of India for clearance and later stated that the permission could not be granted for conduct of inspection of the college. In this regard the petitioner apprised the respondent No. 1 with regard to his application for seeking approval. However, unfortunately, for inexplicable reasons the Council has sought clearance of respondent No. 1, though the same is not required as per the provisions of the Act. The matter has thus been unnecessarily shuttling between the respondent Nos. 1 and 2 for last one year, without any justification.