Case Note & Summary
The petitioner, Gramin Vikas Multipurpose Education Society, Nagpur, manages various educational institutions and sought to establish Prabhat Institute of Pharmacy (D.Pharm) in Taluka Brahmapuri, District Chandrapur. The petitioner applied to the Pharmacy Council of India (PCI), the apex body for pharmacy education constituted under the Pharmacy Act, 1948, for approval to start the D.Pharm course. By communication-cum-order dated 23-11-2022, the PCI rejected the application on the ground that the petitioner failed to submit the consent of Affiliation of the Examining Body. The petitioner challenged this rejection, contending that such a requirement is not contemplated by the Pharmacy Act, 1948 or the Education Regulations, 1991 framed thereunder. The Court examined the statutory provisions, including Section 10 of the Act which empowers the Central Council to make regulations with the approval of the Central Government, and the Education Regulations, 1991. The Court found that neither the Act nor the Regulations require the consent of Affiliation of the Examining Body as a condition for approval of a pharmacy course. The Court held that the PCI cannot impose conditions that are not found in the statute or regulations, and the rejection based on a non-statutory requirement was ultra vires and unsustainable. The Court set aside the impugned order and directed the PCI to reconsider the petitioner's application afresh, without insisting on the consent of Affiliation of the Examining Body, and to pass a reasoned order within four weeks. The petition was allowed in those terms.
Headnote
A) Pharmacy Law - Approval of Pharmacy Course - Requirement of Affiliation Consent - The Pharmacy Council of India rejected the petitioner's application for starting a D.Pharm course on the ground that the consent of Affiliation of the Examining Body was not submitted. The Court held that the requirement of such consent is not contemplated by the Pharmacy Act, 1948 or the Education Regulations, 1991, and therefore the rejection was ultra vires and unsustainable. (Paras 5-10) B) Pharmacy Law - Ultra Vires - Imposition of Additional Conditions - The Court held that the Pharmacy Council of India cannot impose conditions for approval of a pharmacy course that are not found in the statute or the regulations. The rejection based on a non-statutory requirement was quashed. (Paras 9-10) C) Pharmacy Law - Remand - Direction to Reconsider Application - The Court set aside the impugned order and directed the Pharmacy Council of India to reconsider the petitioner's application for approval of D.Pharm course afresh, without insisting on the consent of Affiliation of the Examining Body, and to pass a reasoned order within four weeks. (Para 10)
Issue of Consideration
Whether the Pharmacy Council of India can reject an application for starting a D.Pharm course on the ground that the applicant failed to submit the consent of Affiliation of the Examining Body, when such requirement is not contemplated by the Pharmacy Act, 1948 or the regulations made thereunder.
Final Decision
The impugned communication-cum-order dated 23-11-2022 is quashed and set aside. The respondent is directed to reconsider the petitioner's application for approval of D.Pharm course afresh, without insisting on the consent of Affiliation of the Examining Body, and to pass a reasoned order within four weeks from the date of the order. Rule is made absolute in those terms.
Law Points
- Statutory interpretation
- Pharmacy Act 1948
- Educational regulations
- Ultra vires
- Natural justice
