Case Note & Summary
The dispute arose when the petitioners, two pharmacy colleges, sought affiliation from Dr. A.P.J. Abdul Kalam Technical University for the B. Pharma course for the academic year 2020-21. The University had invited applications for affiliation on 28th January 2020, and the petitioners submitted their applications in February 2020. The Pharmacy Council of India approved the first-year B. Pharma course for both colleges, with respective intake capacities of 100 and 60 students. However, a policy from the State of Uttar Pradesh restricted the number of pharmacy colleges per district, which was challenged in the Allahabad High Court. The High Court set aside this policy for the petitioners, allowing them to participate in the admission process. Despite this, the University rejected the affiliation applications on 7th December 2020. The petitioners filed a writ petition in the Supreme Court, which stayed the University's order. In March 2021, the petitioners' students were invited to examinations but were barred from participating. The State Government later granted conditional affiliation for the B. Pharma course. The Supreme Court found that the University had unjustly refused affiliation and examination participation, directing it to grant the necessary approvals and allow students to take the exams. The petition was allowed accordingly.
Headnote
A) Education Law - Affiliation for Pharmacy Course - Grant of Affiliation - Pharmacy Act, 1948 - The court directed the University to grant affiliation to the petitioners for the B. Pharma course for the academic year 2020-21, as the Pharmacy Council of India had approved the institutions and the State Government had granted conditional affiliation. The refusal of the University to allow students to participate in examinations was deemed unjustified (Paras 10-11).
Issue of Consideration
Whether the University was justified in refusing affiliation and examination participation to the petitioners' students.
Final Decision
The Supreme Court directed the University to grant affiliation to the petitioners for the academic year 2020-21 and to allow their students to participate in special examinations.
Law Points
- Affiliation
- Pharmacy Education
- Conditional Affiliation
- Examination Rights
