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2025 DAILYLAW 116146 (ALL)

UMAPATI MAHADEV COLLEGE OF PHARMACY, AMROHA THRU. AUTHORIZED SIGNATORY AASHISH SAREEN v. STATE OF U.P. THRU. JOINT SECY. TECHNICAL EDUCATIOM, LKO. AND 2 OTHERS

/204/2025 · 2025-01-08

Manish Mathur

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1459 Court No. - 19 Case :- WRIT - C No. - 204 of 2025 Petitioner :- Umapati Mahadev College Of Pharmacy, Amroha Thru. Authorized Signatory Aashish Sareen Respondent :- State Of U.P. Thru. Joint Secy. Technical Educatiom, Lko. And 2 Others Counsel for Petitioner :- Ram Jeet Dubey,Manoj Kumar Dwivedi Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite party no.1, Mr. Ravi Singh, learned counsel for Pharmacy Council of India-opposite party no.2 and Mr. Atul Kumar Dwivedi, learned counsel for opposite party no.3. 2. Petition has been filed seeking direction to opposite parties to formulate a three-member Committee for inspection of petitioner-institution for purposes of recommendation pertaining to grant of affiliation to petitioner-institution. Concomitant prayers have been made in order to permit petitioner-institution to participate in the ongoing counseling for B-Pharm for Academic Year 2024-25 with an intake of 60 seats. 3. Learned counsel for opposite party no.3, on the basis of instructions, submits that approval by Pharmacy Council of India was accorded belatedly and was uploaded on the portal on 10.12.2024 which was the last date fixed for decision on Appeals against orders passed by Pharmacy Council of India in accordance with the judgment rendered by Hon'ble the Supreme Court of India in Parshavanath Charitable Trust v. All India Council for Technical Education and others, passed in Civil Appeal no.9048 of 2012 . 4. It is therefore submitted that since approval by Pharmacy Council of India was accorded belatedly, consequential steps could not be taken by the University within time. It is submitted that in view of approval granted by Pharmacy Council of India, the Affiliation Review Committee by means of its resolution dated 19.12.2024 has recommended that due to late approval by Pharmacy Council of India, inspection of the Institution concerned and decisions by the Committees concerned cannot be taken on such a short notice so as to include petitioner-institution in the counselling process for the Academic Year 2024-25. 5. However, since it is being admitted by learned counsel for the parties that the process for grant or otherwise of affiliation pertaining to petitioner-institution is required to be followed, opposite party no.3 is directed to take a decision with regard to petitioner's affiliation in terms of approval granted by Pharmacy Council of India and in terms of statutory provisions, expeditiously, within a period of ten days from the date a certified copy of this order is served upon authority concerned. 6. Consequential action by the State Government shall also be taken expeditiously in terms of recommendations of the University. 7. With aforesaid directions, the petition is finally disposed of. Order Date :- 8.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench