Case Note & Summary
The petitioner, Sun College of Pharmacy & Research Centre, represented by its Chairman, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 25.11.2024 passed by the Registrar of Tamilnadu Dr. MGR Medical University (first respondent). The impugned order required the petitioner to produce an essentiality certificate from the State Government for considering the application for approval of affiliation for M.Pharm., Pharm.D and Pharm.D(PB) courses for the academic year 2025-26. The petitioner contended that the State Government has no locus standi to seek such a certificate, and the matter was already covered by a Division Bench judgment of the Madras High Court in W.A.No.3534 of 2019 (Annai J.K.K.Sampoorani Ammal Charitable Trust v. Registrar, Tamil Nadu Dr.M.G.R.Medical University), which held that the State Government lacks power to insist on an essentiality certificate for courses regulated by statutory councils like the Pharmacy Council of India (PCI). The respondents, including the University, PCI, and the State Government, were represented by counsel. The court, after hearing both sides and perusing the materials, found that the impugned order was contrary to the Division Bench ruling. The court quashed the impugned order and directed the first respondent to process the petitioner's application for consent of affiliation without insisting on the essentiality certificate, in accordance with the law and the Division Bench judgment. The writ petition was allowed with no order as to costs.
Headnote
A) Pharmacy Education - Affiliation - Essentiality Certificate - Pharmacy Council of India Regulations - The State Government lacks power to insist upon obtaining of Essentiality Certificate for processing Consent of Affiliation for courses regulated by statutory councils like PCI. The Division Bench of Madras High Court in Annai J.K.K.Sampoorani Ammal Charitable Trust v. Registrar, Tamil Nadu Dr.M.G.R.Medical University held that such insistence is not obligatory. (Paras 4-5)
Issue of Consideration
Whether the State Government can insist on production of an essentiality certificate for granting consent of affiliation for M.Pharm., Pharm.D and Pharm.D(PB) courses regulated by the Pharmacy Council of India.
Final Decision
The impugned order dated 25.11.2024 is quashed. The first respondent is directed to process the petitioner's application for consent of affiliation for M.Pharm., Pharm.D and Pharm.D(PB) courses for the academic year 2025-26 without insisting on the essentiality certificate, in accordance with law and the Division Bench judgment. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Essentiality certificate not required for PCI regulated courses
- State Government lacks power to insist on essentiality certificate for affiliation
- Division Bench ruling in Annai J.K.K.Sampoorani Ammal Charitable Trust case binding
