BABU RAM EDUCATION SOCIETY, MAINPURI THRU. SECY. / AUTHORIZED SIGNATORY, SHRI DINESH CHANDRA v. STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. DEPTT. OF TECHNICAL EDUCATION,LKO. AND OTHERS
WRIC/4171/2025 · 2025-08-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137553 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137553 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48218 Court No. - 6 Case :- WRIT - C No. - 4171 of 2025 Petitioner :- Babu Ram Education Society, Mainpuri Thru. Secy. / Authorized Signatory, Shri Dinesh Chandra Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Technical Education,Lko. And Others Counsel for Petitioner :- Rajat Rajan Singh Counsel for Respondent :- C.S.C.,Ravi Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent(s) as well as learned counsel appearing for respondent no.2 and perused the material brought on record. 2. The present petition has been filed by the petitioner challenging an order dated 24.04.2025, whereby the appeal preferred by the petitioner against an order dated 21.02.2025 was dismissed. 3. The contention of learned counsel for the petitioner is that, the petitioner has established a pharmacy institute, which is equipped to grant a Diploma in Pharmacy and stated that in terms of the prescriptions contained in the Pharmacy Act and the Regulations framed there-under, it is essential that an approval is granted by the Pharmacy Council of India. 4. It is stated that the examining body is the Board of Technical Education- respondent no.3. It is further stated that for the year 2024-25, the petitioner was granted an 'NOC' by the State Government, although the same was not required and based upon which, the petitioner applied for approval from the Pharmacy Council of India, however, the same could not be granted for the Academic Session 2024-25, subsequently, the petitioner applied for grant of approval for the subsequent year 2025-26, however, the same was refused by means of the two impugned orders mainly on the ground that the NOC is not valid for the Academic Session of 2025-26. 5. Challenging the said order, counsel for the petitioner argues that there is no requirement of grant of NOC by the respondent no.2, as has been decided by this Court in its Judgment dated 09.12.2024 passed in Writ-C No. 1786 of 2024 and duly upheld in Special Appeal No. 26 of 2025, decided on 14.02.2025. 6. The said issue, as raised by the petitioner was finally decided by this Court in the two judgments referred above, following the two judgments, both the impugned orders are set- aside/quashed. 7.
The matter is remanded to the Pharmacy Council of India to pass orders on the application of the petitioner for grant of approval without insisting on NOC/Consent of Affiliation for the Academic Year 2025-26. 8. As the Hon'ble Supreme Court has fixed the timeline for grant of approval, which is expiring on 31.08.2025, the Pharmacy Council of India is directed to take a decision on the application of the petitioner, as directed above, before the said date i.e. 31.08.2025. 9. The petition stands disposed of with the aforesaid observations. Order Date :- 18.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench