Case Note & Summary
The Supreme Court addressed two writ petitions filed by Sri Sai RR Institute of Pharmacy and Shri Badrinath College of Pharmacy against Dr. A.P.J. Abdul Kalam Technical University. The petitions sought directions for the University to comply with a State Government notification dated 19.3.2021, granting conditional affiliation for the Academic Year 2020-2021 and to organize special examinations for B. Pharma students. The petitioners contended that their cases were similar to a previously allowed writ petition (Civil) No. 390 of 2021, which had been decided in favor of the petitioners. The University did not dispute the similarity of facts but argued that Shri Badrinath College of Pharmacy did not participate in the counseling process and that a similar writ petition was pending in the High Court. The court noted that the University had denied affiliation based on the lapse of timelines set by the All India Council for Technical Education (AICTE). However, it acknowledged that the State Government had granted conditional affiliation after considering the recommendations of the Affiliation Committee. The court referred to its earlier decision in Writ Petition (Civil) No. 390 of 2021, where it had held that the Pharmacy Act, 1948, and the norms set by the Pharmacy Council of India (PCI) must be followed. The court found that the facts of the current petitions were almost identical to those in the earlier case and thus decided to allow the petitions, directing the University to grant affiliation and permit students to participate in special examinations.
Headnote
A) Education Law - Conditional Affiliation - Entitlement to Affiliation - Pharmacy Act, 1948, Section Not mentioned - The court found that the petitioner colleges were entitled to conditional affiliation as the State Government had granted it through a notification after considering the recommendations of the Affiliation Committee. The court directed the University to grant affiliation and allow students to participate in special examinations (Paras 10-11).
Issue of Consideration
Whether the petitioner colleges are entitled to conditional affiliation and special examinations for the Academic Year 2020-2021.
Final Decision
The Supreme Court allowed the writ petitions, directing the University to grant affiliation to the petitioner colleges for the Academic Year 2020-2021 and to permit students to participate in special examinations as per the State Government's notification dated 19.3.2021.
Law Points
- Conditional affiliation
- Academic year compliance
- Special examinations
- Pharmacy Act
- 1948
- Approval by Pharmacy Council of India
