Case Note & Summary
The dispute arose from appeals filed by the Pharmacy Council of India (PCI) challenging judgments from the High Courts of Karnataka, Delhi, and Chhattisgarh, which had allowed writ petitions from various educational institutions against PCI's moratorium on new pharmacy colleges. The PCI had imposed a five-year moratorium starting from the academic year 2020-2021, citing concerns over the oversaturation of pharmacy colleges and potential unemployment for graduates. The institutions contended that the moratorium was arbitrary and violated their fundamental rights under Article 19(1)(g) of the Constitution. The PCI argued that it had the authority to regulate pharmacy education, including imposing a moratorium, based on its statutory powers under the Pharmacy Act, 1948. The court analyzed the nature of the resolutions issued by PCI and concluded that they were executive instructions rather than laws enacted by the legislature. The court emphasized that while the state could impose reasonable restrictions on fundamental rights, such restrictions must be enacted through proper legislative processes. The court ultimately upheld the decisions of the High Courts, striking down the moratorium as unconstitutional and reaffirming the right of institutions to establish educational facilities. The court noted the necessity for regulations to prevent the uncontrolled growth of pharmacy colleges but insisted that such measures must comply with legal standards. The final decision favored the educational institutions, allowing them to proceed with establishing new pharmacy colleges.
Headnote
A) Constitutional Law - Fundamental Right to Establish Educational Institutions - The right to establish educational institutions is a fundamental right under Article 19(1)(g) of the Constitution of India, and any restrictions must be enacted by law, not through executive instructions. The Supreme Court held that the resolutions imposing a moratorium were executive instructions and not sustainable in law, thus infringing on the fundamental rights of the institutions (Paras 28-55).
Issue of Consideration
Whether the Pharmacy Council of India had the authority to impose a moratorium on the establishment of new pharmacy colleges through executive resolutions.
Final Decision
The Supreme Court struck down the resolutions imposing a moratorium on new pharmacy colleges, ruling that they were executive instructions and not valid law. The court emphasized that restrictions on fundamental rights must be enacted by legislation, not through executive action.
Law Points
- fundamental rights
- regulation of education
- executive instructions
- moratorium
- Pharmacy Act
- 1948
