Case Note & Summary
The petitioner, Student Academic Education Society's Oyster Institute of Pharmacy, runs a Diploma in Pharmacy course. AICTE approved an intake of 140 students for the academic year 2014-15. However, Respondent No.3, the Director of Technical Education, restricted the intake to 100 students in July 2015. The petitioner filed a writ petition, and the High Court permitted admission of 120 students for that year. For the academic year 2016-17, the Director again restricted intake to 100, leading to another petition, and the court again allowed 120. For the current academic year 2017-18, the Director did not publish the intake on the centralized admission website, effectively restricting it. The court noted that AICTE is the supreme authority for technical education and its approval is binding. The Pharmacy Council of India's role is limited to curriculum and examination. The court held that the Director cannot reduce the intake below AICTE-approved numbers. The petition was allowed, directing the respondents to permit admission of 120 students for the academic year 2017-18 and to publish the same on the website.
Headnote
A) Education Law - Technical Education - Intake Capacity - AICTE Approval - The Director of Technical Education cannot reduce the intake capacity of a pharmacy diploma course below the number approved by AICTE, as AICTE is the supreme authority for technical education. The Pharmacy Council of India's role is limited to curriculum and examination standards. (Paras 1-3)
Issue of Consideration
Whether the Director of Technical Education can restrict the intake capacity of a pharmacy diploma course below the number approved by the All India Council for Technical Education (AICTE).
Final Decision
The petition is allowed. The respondents are directed to permit the petitioner to admit 120 students for the Diploma in Pharmacy course for the academic year 2017-18 and to publish the same on the website of the centralized admission process.
Law Points
- AICTE approval is binding on state authorities for technical courses
- Pharmacy Council of India's role is limited to curriculum and examination
- State Director cannot reduce intake below AICTE-approved capacity
Case Details
2017 LawText (BOM) (06) 63
Writ Petition No. 6849 of 2017
Anoop V. Mohta, Sunil K. Kotwal
A.M. Karad for petitioner, S.V. Adwant for Respondent No.1, A.V. Deshmukh for Respondent Nos. 2 and 3, S.B. Deshpande for Respondent No.4
Student Academic Education Society, Aurangabad's Oyster Institute of Pharmacy
All India Council for Technical Education, State of Maharashtra, Director of Technical Education, Pharmacy Council of India
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the restriction of intake capacity by the Director of Technical Education for a Diploma in Pharmacy course.
Remedy Sought
Petitioner sought direction to permit admission of 120 students for the academic year 2017-18 based on AICTE approval.
Filing Reason
Respondent No.3 restricted the intake capacity to 100 students and did not publish the intake on the centralized admission website.
Previous Decisions
Earlier writ petitions were filed for academic years 2015-16 and 2016-17, and the court permitted intake of 120 students each time.
Issues
Whether the Director of Technical Education can restrict the intake capacity below AICTE-approved numbers for a pharmacy diploma course.
Submissions/Arguments
Petitioner argued that AICTE is the supreme authority for technical education and its approval is binding on state authorities.
Respondents argued that the Pharmacy Council of India has a role in determining intake capacity.
Ratio Decidendi
AICTE is the supreme authority for technical education, and its approval regarding intake capacity is binding on state authorities. The Pharmacy Council of India's role is limited to curriculum and examination standards, not intake capacity.
Judgment Excerpts
Petitioner is an educational institution running Diploma in Pharmacy course based upon the permission granted by All India Council of Technical Education (“AICTE”) which is the supreme authority for starting any technical education course even within State of Maharashtra.
It was expected in view of the order passed by this Court and the approval granted by AICTE the intake capacity would be retained to 120 students.
Procedural History
The petitioner initially received AICTE approval for 140 students in 2014-15. The Director of Technical Education restricted intake to 100 in July 2015. The petitioner filed a writ petition, and the court allowed 120 students. For 2016-17, similar restriction occurred, and another petition led to the same order. For 2017-18, the Director again restricted intake, leading to the present petition.
Acts & Sections
- All India Council for Technical Education Act, 1987:
- Pharmacy Act, 1948:
