Supreme Court Directs Dr APJ Abdul Kalam University To Grant Affiliation For B Pharma Course for Academic Year 2020-21
The Supreme Court Bench of Justice BR Gavai, Justice RF Nariman & Justice Hrishikesh Roy has recently directed Dr. A.P.J. Abdul Kalam Technical University (‘University’) to grant affiliation for B. Pharma course to the affiliated colleges for the academic year 2020-21 & has also directed the University to organize special examinations for B. Pharma students for academic year 2020-21 in view of the notification dated 19th March 2021.
In the present matter, the University on January 28, 2020 invited applications for grant of affiliation for the year 2020-21 & in response the petitioners (VIIT Pharmacy College/petitioner no 1 & RV Institute of Pharmacy/petitioner No 2) submitted applications in February to seek affiliation for B Pharma course for 2020-21. Vide order dated April 10, 2020 the Pharmacy Council of India (“PCI'') granted the petitioner No 1 for conduct of first year B Pharma Course for academic year 2020-21 with intake capacity of 100 admissions/students & petitioner No 2, the intake capacity of 60 admissions/students. However the same was subject to consent of affiliation of the Examining Authority and NOC of the State Government.
The State of Uttar Pradesh on May 15, 2020 came up with the policy to restrict the number of pharmacy colleges to only two per district which was challenged before the High Court of Allahabad in a bunch of petitions filed by Zee College of Pharmacy with companion matters. Vide order dated November 2, 2020, the Allahabad High Court by relying on the Apex Court judgment in Pharmacy Council of India v. Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy and Others Etc. set aside the policy dated 15 May 2020, only insofar as the petitioners who approached the High Court. Thereafter, the petitioner institutions therein were permitted to participate in the counselling being conducted for admission to Bachelors of Pharmacy course for the academic year 2020-21.
Thereafter, petitioner No 1 & 2 relying on the High Court order dated 2nd November 2020 filed writ petition before the Allahabad High Court which was allowed and the policy dated 15th May 2020 was set aside with respect to the petitioner and the respondents were directed to take a decision on the application of the petitioner for affiliation in accordance with law vide order dated 9th November 2020. The Supreme Court thus vide order dated January 12,2021 stayed the order passed by the University denying the application of S.D. College of Sciences for grant of affiliation. The petitioners approached this Court since the University refused to grant them affiliation & also did not allow the students to appear for B Pharma
The petitioner’s Counsel averred that in March 2021 irrespective of inviting the students of petitioner colleges to the examination centre, they were not permitted to participate in the exam at the last moment.
In the meantime, the State Government vide order dated 19th March 2021, after considering the recommendations made by the Affiliation Committee, granted conditional affiliation for admission in B. Pharma course.
The Court thereafter, took note of the PCI’s approval, the High Court’s order & the State Government’s notification dated March 19, 2021 & allowed the petition.
In this regards the Court said that, “The respondent No.1-University is therefore directed to grant affiliation to the petitioner colleges for the academic year 2020-21 and also permit the students of the petitioner colleges to participate in the special examinations to be organized by the respondent No.1- University for the academic year 2020-21 in view of the notification dated 19th March 2021.”
Case Title: VIIT Pharmacy College & Another V. Dr. A.P.J. Abdul Kalam Technical University And Another| Writ Petition (C) No.390 Of 2021
Penned By: Justice BR Gavai