HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No.41/2025 in WP(C) No.388/2025 CM No.1195/2025 Prabha Harjilal College of Pharmacy & Paraclinical Sciences, Chak Bhalwal, Jammu through its Director Dr. Rajinder Raina S/o Sh.H.L Raina, Age 77 years, R/o 67A/7 Trikuta Nagar, Jammu ….Petitioner(s)/Appellant(s) Through :- Mr. Ankush Manhas, Advocate. Versus 1. Pharmacy Council of India through its President, 3rd Floor, NBCC Centre, Plot 2, Community Centre, Okhla Phase 1, New Delhi 110020. 2. University of Jammu through its Registrar, Baba Saheb Ambedkar Road, Jammu. 3. UT of Jammu and Kashmir through its Secretary, Health & Medical Education Deptt. Govt of J&K, Civil Secretariat Jammu/Srinagar. 4. J&K Pharmacy Council, through its President, Patoli Mangotrian, Jammu. 5. J&K Paramedical Council through its President/Principal Government Medical College, Jammu. ……Respondents Through :- Mr. Raman Sharma, AAG for R-3&5. Mr. A.P Singh, Advocate for R-2. Mr. Anishwar Chatterji Koul, Advocate for R-1. Sr. No.28 2 LPA No.41/2025 CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 03.03.2025 1. Notice. 2. Mr. Raman Sharma, learned AAG accepts notice on behalf of respondent Nos. 3&5, Mr. A.P Singh, learned counsel accepts notice for respondent No.2 and Mr. Anishwar Chatterji Koul, learned counsel accepts notice on behalf of respondent No.1. 3. This intra court appeal has been preferred by the appellant against order dated 19.02.2025 passed by the learned Single Judge in writ petition bearing WP(C) No.388/2025 titled “Prabha Harjilal College of Pharmacy vs. Pharmacy Council of India and others”, whereby the writ Court while putting the respondents to notice has rejected the application seeking grant of interim relief in favour of the writ petitioner-appellant herein by observing that no ground for interim relief at this stage is made out. 4. It is contended that the appellant is running an educational institution offering Pharmacy Courses and intends to introduce Post Graduate Pharmacy Courses (M. Pharma) and to increase the intake capacity for the existing Bachelor of Pharmacy (B. Pharma) courses. It is further contended that the appellant had applied for issuance of No Objection Certificate under Statute 12-B from University of Jammu (respondent No.2) to facilitate the grant of approval from respondent No.1 i.e., Pharmacy Council of India, however, the application for grant of NOC has been rejected on the ground that there is requirement of NOC from Higher Education Department of Union Territory of Jammu and Kashmir which reason has been mentioned in 3 LPA No.41/2025 communication bearing No.CDC/2025/3761-62 dated 10.01.2025 issued by Assistant Registrar, College Development Council, University of Jammu. 5. Being aggrieved by above communication dated 10.01.2025 issued by respondent No.2, the appellant herein had filed writ petition bearing No.WP(C) No.388/2025 before the writ Court along with CM No.841/2025 for grant of ad interim relief. 6. Mr. Ankush Manhas, learned counsel appearing on behalf of the appellant submits that as per Statute 12-B, there is a provision for issuance of consent of affiliation when required by an All India Regulatory Authority and as the matter was subjudice before the respondent No.2-University of Jammu, therefore, the University of Jammu should have considered the request of the appellant for grant of Provisional No Objection Certificate in light of the fact that the last date of uploading the application is 15.03.2025. 7. It has been observed by the learned Single Judge in the order impugned that allowing the interim application of the writ petitioner would mean the grant of final reliefs sought in the petition and the issue with regard to granting permission for starting Post Graduate Course can be considered only after objections are filed by the respondents, therefore, the learned Single Judge has rejected the application for grant of interim relief. 8. We have heard Mr. Ankush Manhas, learned counsel for the appellant, Mr. Raman Sharma, learned Additional Advocate General, representing respondent Nos.3&5, Mr. A.P Singh, learned counsel for respondent No.2 and Mr. Anishwar Chatterji Koul, learned counsel appearing on behalf of respondent No.1. We have also considered the submissions made by learned counsel for the parties. 4 LPA No.41/2025 9. Since the learned Single Judge has deferred the grant of interim relief awaiting objections of the respondents so as to adjudicate the matter appropriately under rules, therefore, we are not inclined to interfere in the matter and accordingly, dispose of, this appeal by directing the respondents in the writ petition to file their objections by or before 13.03.2025 with a copy in advance to learned counsel for the other side. Registry of this Court is directed to list WP(C) No.388/2025 on 13.03.2025 and we request the writ Court to reconsider the matter afresh under rules, especially the application for grant of interim relief, only after considering the objections, to be filed by the respondents. 10. Mr. A.P Singh, learned counsel for respondent No.2 and Mr. Anishwar Chatterji Koul, learned counsel for respondent No.1 undertake that they will file objections in the Registry well before the appointed date of hearing i.e, 13.03.2025. 11. Disposed of as above along with connected application. Jammu: 03.03.2025 Surinder ( (MA Chowdhary) Judge ) (Tashi Rabstan) Chief Justice Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No Surinder Kumar 2025.03.04 16:24 I attest to the accuracy and integrity of this document