Full Text
HIGH COURT OF DELHI
Date of Decision: 11.07.2024
INSTITUTE OF PROFESSIONAL STUDIES SCHOOL OF PHARMACY .....Petitioner
Through: Mr. R.K. Ruhil, Advocate.
Through: Mr. Ajay Kumar Singh & Mr. Yatharth Singh, Advocates.
PHONICS GROUP OF INSTITUTIONS .....Petitioner
Through: Mr. R.K. Ruhil, Advocate.
Through: Mr. Ajay Kumar Singh & Mr. Yatharth Singh, Advocates.
JUDGMENT
1. Allowed, subject to all just exceptions. CM APPL. 38524/2024 & CM APPL. 38525/2024 (exemption)
2. Applications stand disposed of.
3. The present writ petitions, under Article 226 of the Constitution of India, have been filed on behalf of the petitioners, seeking identical prayers, which are as follows: “a. issue a writ of certiorari for quashing and setting aside the clauses 10(ii), (iii) (iv) & 11 (v) of the notice dated 14.12.2023 issued by the respondent Pharmacy Council of India; b. issue a writ of certiorari for quashing and setting aside the relevant clauses of the “Approval Process Handbook 2024- 2025”, in terms of which existing approved institutions are required to apply for, and obtain, continuation of approval; c. issue an appropriate writ passing an order and directing the respondent to refund the Pharmacy Education Regulatory Charges (PERC) deposited by the petitioner pursuant to the notice dated 14.12.2023;”
4. Issue notice. Mr. Ajay Kumar Singh, learned counsel accepts notice on behalf of the respondent.
5. At the outset, learned counsel appearing on behalf of the respondent states that an identical issue in question, has been decided by the learned Predecessor Bench of this Court, and he has drawn the attention of this Court to judgment dated 01.07.2024, passed in W.P. (C) 617/2024 and connected matters, titled as “SLS College of Pharmacy Vs. Pharmacy Council of India”.
6. Learned counsel for the respondent further submits that the prayers which were adjudicated in the above-said judgment were identical to the prayers which have been sought in the present writ petitions.
7. Learned counsel for the petitioners also submits that petitioners have no objection, if the same order is passed as passed, in W.P. (C) 617/2024, in these petitions also.
8. This Court has heard submissions made on behalf of the petitioners and respondent.
9. In judgment dated 01.07.2024, passed in the case of SLS College of Pharmacy (supra), the learned Predecessor Bench has held as under:
10. Since both the parties have stated in unison that same order, as extracted above, be also passed in the present writ petitions, the present petitions are therefore disposed of in terms of decision passed in the case of SLS College of Pharmacy (supra), as far as it is applicable to the facts of the present writ petitions.
11. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J JULY 11, 2024