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2025 DAILYLAW 17808 (DEL)

ANJALI COLLEGE OF PHARMACY AND SCIENCE v. PHARMACY COUNCIL OF INDIA

W.P.(C)/6012/2025 · 2025-09-19

Vikas Mahajan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6012/2025 & CM APPL. 27523/2025 ANJALI COLLEGE OF PHARMACY AND SCIENCE .....Petitioner Through: Mr. Aseem Mehrotra and Ms. Deeksha Mehrotra, Advs. versus PHARMACY COUNCIL OF INDIA .....Respondent Through: Mr. Ajay Kumar Singh and Ms. Shrishti Gautam, Advs. for PCI/R-1. Mr. Amitesh Kumar, Ms. Priti Kumari and Mr. Pankaj Kumar Ray, Advs. for AKTU/R-2. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 19.09.2025 1. The present petition has been filed seeking following relief: a) issue an appropriate Writ, direction or order in the nature of writ of certiorari quashing the Impugned Decision Letter dated 27th February, 2025 of the Respondent whereby the Petitioner's application for Increase of seats in M. Pharm (Pharmaceutics) from 6 to 15, starting of New Course in M. Pharm (Pharmacognosy) and M. Pharm (Pharmacology) with 15 seats for academic session 2025-26 has been rejected (Annexure P-1); b) issue an appropriate Writ, direction or order in the nature of for writ of mandamus commanding the Respondent to grant for approval for Increase of seats in M. Pharm (Pharmaceutics) from 6 to 15, starting of New Course in M. Pharm (Pharmacognosy) and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:20:16 M. Pharm (Pharmacology) with 15 seats for academic session 2025-26; 2. The case set out by the petitioner in the present petition is that vide impugned order dated 27.02.2025, the application of the petitioner for starting two new courses viz., M. Pharm (Pharmacognosy) and M. Pharm (Pharmacology) has been rejected. 3. Likewise, the petitioner application for increase of seats from existing 06 seats to 15 seats in M.Pharm (Pharmaceutics) was also rejected. 4. The aforesaid rejections have been premised on the ground that the petitioner has failed to furnish consent of the examining authority. 5. Indubitably, in the present case, Dr. A.P.J. Abdul Kalam Technical University, UP is the examining authority. 6. Since the said university had not been impleaded in the present petition at the outset, therefore, on an oral request of Mr. Aseem Mehrotra, learned counsel for the petitioner, the said University was impleaded as respondent no.2 7. The respondent no.2/University has filed a supplementary affidavit dated 06.09.2025 taking following stand in paras 5 and 6 thereof which read thus: “5. That it is respectfully submitted that if Pharmacy Council of India (PCI) grants approval to petitioner college for Master of Pharmacy (M.Pharm) courses including increase in intake in Master of Pharmacy (Pharmaceutics) and additional courses of Master of Pharmacy (Pharmacognosy) and Master of Pharmacy Pharmacology for academic session 2025-26 then, University will process petitioner’s online application dated 24.03.2025 in accordance with provisions of University Act and Regulations framed there under and also as per the policy decided by the State Government regarding grant of extension of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:20:16 affiliation/permission for additional course to an existing pharmacy institution for the academic session 2025-26. 6. That it is submitted that Hon’ble Supreme Court of India in the matter of Parshvanath Charitable Trust & Ors. V. AICTE & Ors. [(2013) 3 SCC 385] has fixed the cut off date of 15th May of the relevant academic year for grant of approval/affiliation by State Government/Universities concerned. Therefore, University being bound by the said cut off date will consider petitioner’s application dated 24.03.2025, subject to extension of the said cut off date of affiliation by Hon’ble Supreme Court of India for the present academic year 2025-26. A true copy of judgment of Hon’ble Supreme Court of India in the matter of Parshvanath Charitable Trust & Ors. Vs. AICTE & Ors. [(2013) 3 SCC 385] is annexed herewith and being marked as ANNEXURE R-1.” 8. A perusal of the above quoted paragraphs of the counter-affidavit shows that that respondent no.2/University has taken a stand that if respondent no.1/PCI grants approval to petitioner college for Master of Pharmacy (M. Pharm) courses including increase in intake in Master of Pharmacy (Pharmaceutics) and additional courses of Master of Pharmacy (Pharmacognosy) and Master of Pharmacy (Pharmacology) for academic session 2025-2026, then respondent no.2/University will process and consider the petitioner’s online application in accordance with the provisions of University Act and Regulations framed thereunder and other relevant policy decisions. 9. 9. Thus, it appears that respondent no.2/University has no objection in granting affiliation to petitioner institute for the aforesaid courses. 10. In that view of the matter, respondent no.1/PCI is directed to treat the affidavit of respondent no.2/University as consent of respondent no.2/University, which is the examining authority, for the aforesaid course This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:20:16 for the Academic Session 2025-26. 11. The respondent no.1/PCI is further directed to process the application of petitioner in accordance with law, subject to completion of other formalities. 12. The petition along with pending application, is disposed of in the aforesaid terms. VIKAS MAHAJAN, J SEPTEMBER 19, 2025/dss This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:20:16