1 2025:CGHC:56723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6103 of 2025 1. Leela Devi College Of Pharmacy Block - B, Jamgaon Road, Tahsil Patan, Motipur, District Durg (C.G.), Being Run And Managed By Leelas Foundation For Education And Health, Through Its Director, Santosh Kumar Mishra, S/o A.N. Mishra, Aged About 51 Years, R/o House No. 54/1001, Shanti Vihar Collony, Near Gopi Std, Danganiya, Raipur, Sundar Nagar, Raipur, District - Raipur, Chhattisgarh ... Petitioner versus 1. State of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2. Additional Director Directorate Of Technical Education, Indravati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3. Pharmacy Council Of India Through Its Registrar Cum Secretary, Nbcc Centre, 3rd Floor, Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase - 1, Lanmark (Near Hotel Crown Plaza), New Delhi 4. Chhattisgarh Swami Vivekanand Technical University, Bhilai Through Its Registrar, Chhattisgarh Swami Vivekanand 2 Technical University, Bhilai, Newai, Post Newai, Bhilai, District Durg (C.G.) ... Respondents For Petitioner : Mr. Rajat Agrawal, Advocate For Respondent 1 & 2 : Ms. Upasana Mehta, Govt. Advocate For Respondent No.3 : Mr. R.K. Mishra, Dy. Solicitor General of India. For Respondent No.4 : Mr. Neeraj Choubey, Hon'ble Shri Justice Parth Prateem Sahu Order on Board 21/11/2025 1. Petitioner has filed this writ petition feeling aggrieved by the order dated 3.10.2025 (Annexure P-1) by which respondent No.4 University has reducing sanctioned intake capacity of students for D. Pharmacy (Diploma) of petitioner college from 60 to 30. 2. Learned counsel for petitioners submits that respondent University has unlawfully and without jurisdiction reduced the sanctioned intake capacity of students for D. Pharmacy (Diploma) course at the petitioner-College from 60 (Sixty) seats to 30 (Thirty) seats. Such action is manifestly arbitrary, illegal, and ultra vires the powers of the University under the relevant statutes. It directly contravenes the express approval granted by the respondent no.3/Pharmacy Council of India (PCI), which is the competent central statutory authority entrusted with the regulation and sanction of student intake for pharmacy education. The petitioner College, having obtained approval in accordance with the statutory guidelines 3 and verification process of the PCI, is thus being prejudiced by an action beyond the University's legal authority. He further submits that WPC 5497/2025 and other connected writ petitions filed on similar grounds are allowed by the coordinate Bench vide common order dated 16.10.2025, against which which respondent University has preferred writ appeal bearing No.840/2025 and the same was also dismissed by the Division Bench vide order dated 20.11.2025. At this stage, learned counsel undertakes on behalf of the petitioner that the Principal and required faculties as per norms shall be ratified within 6 months from the date of issuing of impugned order dated 03.10.2025 (Annexure P-1). 3. Learned counsel appearing on behalf of respondent No.4 opposes submissions of learned counsel for petitioner, however, he does not dispute submission made by learned counsel for petitioner about the order passed by Coordinate Bench, which is affirmed by the Division Bench in writ appeal. 4. I have learned counsel for the parties and perused the records. 5. The Coordinate Bench in WPC No.5497/2025 passed following order:- “5.On perusal of the order dated 3.10.2025 (Annexure P-1), it transpires the conditions that “the Principal and required faculties as per norms must be ratified within 06 months from the date of 4 issuing of this letter”. Further, the affidavit regarding compliance of above shall be submitted to University within 07 days from the issue of this letter. As such, the impugned order itself provides 6 months’ time to the petitioners for rectifying the deficiencies. 6. At the outset, learned counsel for petitioner undertake on behalf of the petitioner that the Principal and required faculties as per norms shall be ratified within 6 months from the date of issuing of impugned order dated 03.10.2025 (Annexure P-1). 7. In view of above undertaking, if petitioner will not comply with the order dated 03.10.2025, respondent-University will be at liberty to take appropriate action against petitioner-college. 8. Looking to the facts and circumstances of case, especially the undertaking given by petitioner- college, this Court finds it appropriate to dispose of these writ petitions permitting the petitioner to rectify deficiencies, as pointed out by Inspection Committee in its report, within 6 months from the date of issuance of order dated 03.10.2025. 9.Meanwhile, It is directed that the sanctioned intake capacity of 60 students for D. Pharmacy Diploma course at the petitioner colleges shall remain intact as per the notification issued by Pharmacy Council of India. Meaning thereby the petitioner college is entitled to participate in the counselling for intake of 60 seats for academic session 2025-2026. 5 10.It is made clear that if the petitioners do not comply their undertaking for fulfilling the requisite conditions as mentioned in the impugned order dated 03.10.2025, this order shall lose its efficacy.” 6. The order dated 16.10.2025 passed by the Coordinate Bench in WPC No.5497/2025 was challenged by respondent University by filing Writ Appeal No.840/2025, and the Division Bench dismissed writ appeal vide order dated 20.11.2025 observing thus:- “8. After considering the submissions of learned counsel for both parties and perusing the record, this Court finds that the appellant University has failed to make out any ground for interference with the order of the learned Single Judge dated 16.10.2025. The respondent college has filed an affidavit undertaking to regularize the appointment of the Principal and requisite faculty within six months from the date of the University’s letter dated 03.10.2025. The learned Single Judge has rightly observed that in view of this undertaking, the sanctioned intake of 60 students for the D. Pharmacy course shall remain intact, while ensuring that the petitioners comply with the mandatory conditions within the stipulated time. The Executive Council of the University had exercised its powers under Sections 4(15), 23(25), and 23(44) of the Chhattisgarh Swami Vivekanand Technical University Act, 2004, and Statute 18, to ensure compliance with statutory norms and maintain academic standards. The reduction of intake capacity to 30 seats was a conditional measure to compel the college to rectify deficiencies, and not a final or 6 punitive decision. The respondent college, having undertaken to comply with statutory requirements, has demonstrated willingness to regularize faculty appointments.” 7. Accordingly, this writ petition is also disposed of in terms of orders referred above, permitting the respective petitioner to rectify deficiencies, as pointed out by Inspection Committee in its report, within 6 months from the date of issuance of order dated 03.10.2025. Meanwhile, sanctioned intake capacity of 60 students for D. Pharmacy Diploma course at respective petitioner college shall remain intact as per the notification issued by Pharmacy Council of India. Meaning thereby the petitioner college is entitled to participate in the counselling for intake of 60 seats for academic session 2025-2026. However, upon failure to comply with the order dated 03.10.2025 within stipulated period, this order shall lose its efficacy automatically without further reference to the Bench and respondent-University will be at liberty to take appropriate action against petitioner-college as per law. 8. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-