HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10565 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Paavan Awasthi, the learned counsel for the petitioner, Sri Rajiv Srivastava, learned State Counsel and Smt. Aditi Tripathi the learned counsel representing Dr; A.P.J. Abdul Kalam Technical University and Sri Surya Mani Singh Royekwar, the learned counsel for Pharmacy Council of India. 2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought issuance of a direction to the State of U.P. as well as Dr. A.P.J. Abdul Kalam Technical University, to undertake the process for grant of no objection certificate and consent of affiliation for the Session 2026-27 and grant the same to the petitioner so as to enable it to submit it to the Pharmacy Council of India within the timeline fixed by the Hon'ble Supreme Court or in the alternative, to clarify that no objection certificate and consent of affiliation are not necessary for the Session 2026-27 in the State of U.P. 3. The petitioner has sought issuance of a writ of mandamus to the opposite party no. 4-Pharmacy Council of India to consider the petitioner's application for grant of approval for conducting B. Pharma Course for the Session 2025-26 or alternatively, adjust the fee deposited by the petitioner along with the application fee for the Session 2025-26 towards the application to be filed by the petitioner for the Session 2026- Versus Counsel for Petitioner(s) : Paavan Awasthi, Mohd. Ashad Counsel for Respondent(s) : C.S.C., 0, Aditi Tripathi, S M Singh Royekwar C/M Shri Tirupati Siksha Prasar Samiti Thru. Authorized Signatory Mr. Susheel Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education Lko. And 3 Others .....Respondent(s) 27. 4. On the basis of written instructions provided to the learned counsel for the opposite parties, the learned State Counsel has stated that the stand of the State Government in the written instructions provided on 30.10.2025 is that U.P. Technical University Act, 2000 does not contain any provision for grant of NOC by the State Government for affiliation of an institute with the University. On 31.10.2025, the State Government has issued a letter to the Registrar, A.K.T.U., Lucknow wherein it is categorically stated that there is no provision for grant of NOC by the State Government in UP Technical University Act, 2000. The aforesaid order lays down a procedure for opening new institutes and starting new courses in existing institutes of Pharmacy. 5. The Registrar of Dr. A.P.J. Abdul Kalam Technical University has issued a communication dated 01.11.2025 to the Member Secretary, Pharmacy Council of India stating that there is no provision in U.P. Technical University Act, 2000 and its regulations for issuance of consent of affiliation of Examining Authority/ NOC by the University. The Government Order dated 31.10.2025 lays down the procedure for opening new institutions and starting new courses in existing institutions and this also does not lay down any procedure for issuing of a no objection certificate. 6. In these circumstances, in case the Pharmacy Council of India grants permission for opening new institutions/ starting new courses in existing institutions, AKTU will undertake the process for grant of affiliation as per the provisions contained in the University Act/Regulations. 7. Surya Mani Singh Royekwar, the learned counsel for the Pharmacy Council of India has submitted that the point no. 3 of the Scheme framed under Regulation 9 of the Bachelor of Pharmacy (B.Pharm.) Course Regulations-2014 provides the prerequisite mandatory documents to be submitted by an applicant and for private institutions/ Government Institutions and for starting of new pharmacy institutions/ introduction of the new B. Pharm Course by existing institutions, it is necessary to submit consent of affiliation of examining body and NOC of the State WRIC No. 10565 of 2025 2 Government. He has submitted that even if the State Government has done away with the requirement of furnishing NOC, consent of affiliation of examining authority is necessary. 8. The learned counsel for the petitioner as well as the learned counsel for the examining body Dr. A.P.J. Kalam Technical University submit that as per the stand taken by the University in its communication dated 01.11.2025 addressed to the Member Secretary, Pharmacy Council of India, as stand of the University is that as no procedure has been laid down for grant of NOC, the University will process the application seeking affiliation as per the Government Orders and Acts/Regulations of the University. 9. The learned counsel for the petitioner as well as the learned counsel for the University submit that the aforesaid communication amounts to deemed consent of affiliation of the examining authority and the University will process the application after being satisfied with the fulfillment of other mandatory requirements. 10. Keeping in view the narration made in the aforesaid communications dated 30.10.2025 issued by the Government, the Government Order dated 31.10.2025 laying down procedure for opening new institutions/ starting new courses in the existing institutions and the communication dated 01.11.2025 issued by Dr. A.P.J. Abdul Kalam Technical University which have been referred to above, this petition is disposed of by providing that the petitioner shall submit an application for approval to the Pharmacy Council of India for the Session 2026-27 within a period of three days from today and the Pharmacy Council of India shall take appropriate action thereon and process the same in accordance with law and as per the timeline prescribed by the Hon'ble Supreme Court. 11. Regarding the petitioner's claim for adjustment of fee paid for the previous session, the Pharmacy Council of India has already taken a decision for refunding 90% of the fee to the applicant's institution, therefore, this grievance of the petitioner does not survive any more. November 4, 2025 Pradeep/- WRIC No. 10565 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench