AKHIL BHARTIYA GRAHAK PANCHAYAT Vs. SHARDA BHAVAN EDUCATION

JUDGEMENT

(1.) THIS is an appeal against an order dated 5th October, 1991 passed by the State Commission of Maharashtra in Complaint No. 35/90 on its file. The relevant facts as gleaned from the order of the State Commission are briefly set out below.

(2.) REGISTRATION as duly qualified pharmacists is essential to enable a student to undergo three months practical training and to practice as a pharmacist. Because of the delay in getting the registration they remained unemployed after passing the Diploma in Pharmacy examination in May, 1989. Thus, they had to suffer for two years for being unable to do pharmacy work and this was due to the fact that this Pharmacy college had admitted students in excess of 30 - the authorised maximum number of admissions. Consequently according to them there was deficiency in the service on the part of the management of the Pharmacy college. They claimed compensation amounting to Rs. 2 lacs each for the loss sustained by them due to delay in getting registration as Pharmacist including mental torture, humiliation and travelling expenses.

(3.) THE Directorate of Technical Education, Maharashtra State granted permission to the Sharda Bhavan Educational Society in August, 1982 to run a Diploma course with a maximum of 30 students. According to the Status Report on the Nanded Pharmacy College furnished by the Pharmacy Council of India, the Sharda Bhavan Educational Society's Nanded Pharmacy College was approved by the Pharmacy Council of India in October, 1984 for admitting 30 students only upto 1986. After inspection in March, 1985 the Pharmacy Council of India in November, 1985 resolved not to increase the admissions beyond 30. The institution was again inspected in April, 1986 and the Council decided that admissions to the college be restricted to the already sanctioned intake only, namely 30 students. Likewise, the institution was inspected in January, 1987 and it was again decided not to increase the intake of students in the college in view of the gross shortcomings and non-compliance with the requirements of the Educational Regulations of 1981. The institution was again inspected in February, 1989 and it was reiterated that the restriction on admissions viz. intake already sanctioned would continue to be operative. Ultimately it was only in December, 1990 that the Pharmacy Council of India agreed to grant approval upto 1991-92 academic session for admissions restricted to 60 students only.