Case Note & Summary
The Supreme Court of India heard two writ petitions filed by pharmacy colleges seeking directions against Dr. A.P.J. Abdul Kalam Technical University. The petitioners, Sri Sai RR Institute of Pharmacy and Shri Badrinath College of Pharmacy, requested the Court to direct the University to comply with a State Government Notification dated 19.3.2021, grant conditional affiliation for the Academic Year 2020-2021, organize special examinations for B. Pharma students, and permit their students to participate in those examinations. The petitioners contended that their facts were identical to those in Writ Petition (Civil) No. 390 of 2021, which the Court had allowed on 15.4.2021. The University did not seriously dispute the similarity of facts but raised objections specific to Shri Badrinath College of Pharmacy, arguing it did not participate in counselling and had a similar petition pending before the High Court. The Court found that in both present cases, the University had denied affiliation solely because the timeline prescribed by the All India Council for Technical Education had lapsed. It was undisputed that the State Government, after considering recommendations from the Affiliation Committee, had granted conditional affiliation via the Notification dated 19.3.2021, in compliance with a High Court order. The Pharmacy Council of India had granted approval to both petitioner colleges on 10.4.2021 with an intake capacity of 60 students each. The petitioners had also successfully challenged a State Government policy decision dated 15.5.2020 before the High Court, with judgments in their favor on 2.11.2020 and 10.11.2020. The Court referred to its earlier decision in Writ Petition (Civil) No. 390 of 2021, where it had relied on the Pharmacy Act, 1948, emphasizing that PCI norms prevail in pharmacy education. In that case, relief was granted as PCI approval was obtained, the State Government had granted conditional affiliation, and the University did not controvert the petitioners' averments. The Court held that the present petitioners were entitled to the same relief due to the similar factual circumstances, including PCI approval, High Court judgments, and State Government notification. Accordingly, the Court allowed the writ petitions, directing the University to grant affiliation to the petitioner colleges for the Academic Year 2020-2021 and permit their students to participate in special examinations organized in view of the Notification dated 19.3.2021.
Headnote
A) Education Law - Pharmacy College Affiliation - Conditional Affiliation and Special Examinations - Pharmacy Act, 1948 - Petitioners sought directions for University to grant conditional affiliation and organize special examinations based on State Government Notification dated 19.3.2021 - Court found facts similar to previous case where relief was granted, noting PCI approval and High Court judgments in petitioners' favor - Held that petitioners entitled to same relief as granted in Writ Petition (Civil) No. 390 of 2021, directing University to grant affiliation and permit students in special examinations (Paras 1-11).
Issue of Consideration
Whether the petitioner colleges are entitled to directions for the University to grant conditional affiliation and organize special examinations for B. Pharma students for Academic Year 2020-2021, similar to relief granted in a previous case
Final Decision
Writ petitions allowed; University directed to grant affiliation to petitioner colleges for Academic Year 2020-2021 and permit students to participate in special examinations organized in view of Notification dated 19.3.2021
Law Points
- Educational affiliation
- Pharmacy Council of India approval
- conditional affiliation by State Government
- timeline compliance
- similar facts precedent
