LAWS(RAJ)-2019-5-52

JAN HIT SEWA SANSTHAN Vs. RAJASTHAN PHARMACY COUNCIL

Decided On May 03, 2019
Jan Hit Sewa Sansthan Appellant
V/S
Rajasthan Pharmacy Council Respondents

JUDGEMENT

(1.) Matter comes on an application for preponing date of hearing. For the reasons mentioned therein, application is allowed and petition is taken up for hearing today.

(2.) In order to claim desired reliefs, it is, inter alia, averred in the petition that petitioner-Society is running a Pharmacy College at Merta City under the name of "Agarwal Pharmacy College". For filing writ petition on behalf of Society, authorization letter in favour of its Vice President-Nand Bihari Agarwal is placed on record as Annex.1. The petitioner has further pleaded that its College is involved in imparting Diploma in Pharmacy Course since year 2003-04. It is also pleaded in the writ petition that for imparting education in Pharmacy Diploma Course, approval from the Academic/Executive Council, to which the Institute is recognized, is essential. A significant fact that petitioner-Society's College is imparting Pharmacy Diploma Course after seeking approval from OPJS University and Pharmacy Council of India, also finds mention in the writ petition. To substantiate all these positive assertions, petitioner has placed on record Annexs.2 to 5 respectively. Acceptance of petitioner's request for change in examining authority from RUHS to OPJS University is also mentioned in the petition. Fact of establishment of OPJS University under Act No.16 of 2013 is also incorporated in the pleadings. Concurrence of OPJS University, to act as examining authority of the College for running Diploma course, too finds mention in the petition. Approval of Pharmacy Council of India for OPJS University, to act as Examining Authority w.e.f. 2013-2014 qua Agarwal Pharmacy College, Merta City, is also placed on record as Annex.7.

(3.) petitioner-Society has further averred in the writ petition that, after receiving approval for the College, it has sent many communications to second respondent-Council with a request to include name of OPJS University in online registration form. Various letters and reminders in cumulative are placed on record as Annex.8. In all these communications, petitioner has highlighted that for want of OPJS University's inclusion, the students of its College are unable to fill-up their Pharmacy Registration Forms online. As a matter of fact for online registration, selecting name of the University is pre-requisite.