SHEKHAWATI INSTITUTE OF PHARMACY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the following prayers:-

(2.) Learned Senior Counsel appearing for the petitioner submitted that the All India Council of Technical Education (hereinafter to be referred as "AICTE") has granted approval for staring/running the Diploma in Pharmacy & under Graduate course in Pharmacy vide order dated 30.04.2018. Counsel further submits that the State Government has also issued NOC for the said course vide order dated 31.05.2018. Counsel further submits that despite grant of approval by the AICTE, the Pharmacy Council of India (hereinafter to be referred as "PCI") has dismissed their application for approval vide letter dated 26.03.2018 on the ground of delay in submitting the application and the Rajasthan University of Health Sciences (hereinafter to be referred as "RUHS) has also rejected their application for affiliation on 12.04.2018. Counsel further submits that once the AICTE has granted approval, the PCI has no right to reject their application for approval and the refusal to grant affiliation by RUHS on the ground of non-grant of approval by PCI, is also not sustainable.

(3.) In support of his contentions, learned senior counsel for the petitioner relied upon the order passed by the Hon'ble Supreme Court in the matter of Indira Bahuuddeshiya Shik Sanstha & another Vs. Pharmacy Council of India & Others (Writ Petition (Civil) No.372/2014, which reads as under:-