Case Note & Summary
The judgment involves two writ petitions: one by a pharmacy college (Shri Bhairavnath Nisarga Mandal's College of Pharmacy) and another by students and a college (Ms. Gayatri Tukaram Kakde and others, and Shiva Trust's Rajesh Bhaiyya Tope College of Pharmacy). The core issue was the refusal of the Pharmacy Council of India (PCI) to grant approval for the Diploma in Pharmacy (D. Pharm) course, despite the colleges having obtained approval from the All India Council for Technical Education (AICTE) and affiliation from the Maharashtra State Board of Technical Education (MSBTE). The petitioners argued that AICTE is the apex body for technical education and its approval is sufficient, and PCI cannot refuse approval on the ground of lack of its own approval. The respondents, including PCI, contended that under the Pharmacy Act, 1948, PCI has the power to regulate pharmacy education and grant approval. The court analyzed the provisions of the AICTE Act, 1987, and the Pharmacy Act, 1948, and held that AICTE has overriding powers in matters of technical education, including pharmacy. The court noted that the D. Pharm course is a technical education course and falls within the purview of AICTE. The court further held that PCI's role is to prescribe minimum standards and to inspect, but it cannot refuse approval to a course already approved by AICTE. The court allowed the petitions, directing PCI to grant approval to the colleges for the D. Pharm course, and also directed that the students who had completed the course be allowed to appear for examinations and be registered as pharmacists.
Headnote
A) Education Law - Pharmacy Education - Approval of AICTE vs PCI - D. Pharm Course - The issue was whether a college conducting D. Pharm course requires approval from both AICTE and PCI or only AICTE approval is sufficient - Held that AICTE is the paramount body for technical education including pharmacy, and its approval is sufficient; PCI cannot refuse approval solely on ground of lack of its own approval when AICTE approval exists (Paras 10-15). B) Education Law - Pharmacy Act, 1948 - Section 12 - Power of PCI to regulate pharmacy education - The court interpreted Section 12 of the Pharmacy Act and held that PCI's role is to prescribe minimum standards and to inspect, but it cannot refuse approval to a course already approved by AICTE, as AICTE has overriding powers under the AICTE Act (Paras 16-20). C) Education Law - AICTE Act, 1987 - Section 10 - Powers of AICTE - The court held that AICTE has the power to coordinate and determine standards in technical education, including pharmacy, and its approval is binding on all authorities including PCI (Paras 21-25).
Issue of Consideration
Whether the Pharmacy Council of India (PCI) can refuse to grant approval to a D. Pharm course on the ground that the college does not have approval from PCI, when the college has obtained approval from the All India Council for Technical Education (AICTE) and affiliation from the State Board of Technical Education?
Final Decision
The court allowed the writ petitions and directed the Pharmacy Council of India to grant approval to the petitioner colleges for the D. Pharm course. The court also directed that the students who had completed the course be allowed to appear for examinations and be registered as pharmacists.
Law Points
- AICTE Act
- 1987
- Pharmacy Act
- 1948
- Section 12
- Section 18
- Regulation 9 of AICTE Regulations
- 2012
- Regulation 4 of Education Regulations
- 1991
- approval of AICTE
- approval of PCI
- D. Pharm course
- technical education
- pharmacy education
- concurrent jurisdiction
- harmonious construction
