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HIGH COURT OF DELHI
Date of Decision: 17th June, 2022
SHREE BALAJI COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Gunjan Kumar, Mr. R.K. Ruhil and Mr. Anil Kumar, Advocates
Through: Mr. Kirtiman Singh, Central Government Standing Counsel with Ms. Kunjala Bhardwaj and Mr. Waize Ali Noor, Advocates
BATAN COLLEGE OF PHARMACY ..... Petitioner
ROOP CHAND SAINI COLLEGE OF PHARMACY ..... Petitioner
NIRMAL SGR PHARMACY COLLEGE ..... Petitioner
RAMNARESH NANHKU COLLEGE OF PHARMACY ..... Petitioner
NIGHTINGALE PHARMACY COLLEGE ..... Petitioner
THE ROYAL COLLEGE OF PHARMACY ..... Petitioner
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of. W.P.(C) 9530/2022, W.P.(C) 9531/2022, W.P.(C) 9532/2022, W.P.(C) 9535/2022, W.P.(C) 9538/2022, W.P.(C) 9541/2022 and W.P.(C) 9543/2022
3. Present writ petitions involve similar questions of law and are being decided by a common order. The writ petitions have been filed seeking directions to the Respondent to permit and allow the Petitioners to submit requisite applications for seeking approval for pharmacy courses for the academic session 2022-2023, in view of the fact that the Notifications dated 17.07.2019 and 09.09.2019 have been quashed.
4. Issue notice.
5. Mr. Kirtiman Singh, learned Central Government Standing Counsel accepts notice on behalf of the Respondent.
6. Learned counsel appearing on behalf of the Petitioners submits that Notifications dated 17.07.2019 and 09.09.2019 issued by the Respondent/ Pharmacy Council of India, have been quashed by this Court vide judgment dated 07.03.2022 in W.P.(C) 175/2021, however, despite the said judgment, Respondent is not opening the portal for the Petitioners to apply. He also relies on an order dated 31.05.2022, passed by a Co-ordinate Bench in a batch of petitions directing the Respondent to open the portal for the Petitioners therein to submit their applications.
7. Learned Central Government Standing Counsel seeks time to take instructions but does not dispute the fact that the Notifications dated 17.07.2019 and 09.09.2019 stand quashed vide judgment dated 07.03.2022 and also does not dispute the fact that the order dated 31.05.2022 passed by the Co-ordinate Bench is unchallenged.
8. In my considered view, cases of the Petitioners are squarely covered by the decision dated 07.03.2022 passed in W.P.(C) 175/2021 titled as Shaheed Teg Bahadur College of Pharmacy v. Pharmacy Council of India and the present writ petitions deserve to be allowed.
9. Accordingly, it is directed that Respondent shall open the portal, wherein the Petitioners would be entitled to submit their applications for the concerned courses for the academic session 2022-2023. Needless to state that the applications shall be processed in accordance with the laid down procedure and shall be subject to any order passed in SLP (C) 4862/2022, pending before the Supreme Court, which has been filed by the Respondent assailing the decision in W.P.(C) 175/2021 dated 07.03.2022.
10. Writ petitions are disposed of in the above terms.
JYOTI SINGH, J (VACATION JUDGE) JUNE 17, 2022