PRERNA COLLEGE OF PHARMACY v. STATE OF CHHATTISGARH
WPC/5396/2025 · 2025-10-13
Shri Arvind Kumar Verma
body2025
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Judgment text
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1
2025:CGHC:51133
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5356 of 2025 1 - Career College Of Pharmacy, Through Its Chairman- Mukesh Agrawal, Aged About- 49 Years, S/o - Shri Sitaram Agrawal, College Situated At- Loing Road, Village- Chitkakani, Post- Jurda, Near Flyover, Raigarh, District- Raigarh, C.G.
--- petitioners(s) 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, Nava Raipur, District Raipur, C.G. 3 - Pharmacy Council Of India Through Its Registrar Cum Secretary, N.B.C.C. 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 Technical University, Bhilai, Newai, Post Newai, Bhilai, District Durg, C.G.
--- Respondent(s) WPC No. 5401 of 2025 1 - Sandipani College Of Pharmacy Through The Director Sandipani College Of Pharmacy Mahendra Kumar Choubey Aged About 52 Yrs S/o Shri Ajendra Choubey R/o Pendri, Masturi Road Bilaspur, District- Bilaspur (C.G.)
---petitioners(s) Versus 1 - State Of Chhattisgarh Through The Secretary, To The Govt. Of Chhattisgarh Department Of Medical Education Mahanadi Bhawan Atal Nagar, P.S. Rakhi Raipur (C.G.) 2 - Pharmacy Council Of India Through The Registrar - Cum Secretary, Nbcc Centre 3rd Floor, Plot No. 2, Community Centre Maa Anandamai Marg Okhla Phase - 1 Landmark (Near Hotel Crowne Plaza) New Delhi - 110020 Digitally signed by JYOTI JHA Date: 2025.10.15 17:44:47 +0530
2 3 - The Director Directorate Of Technical Education Block - 3 Third / Fourth Floor Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur (C.G.) 4 - Chhattisgarh Swami Vivekanand Technical University Bhilai Through The Registrar Chhattisgarh Swami Vevekanand Technical University Newai P.O. Newai Bhilai District- Durg (C.G.)
--- Respondent(s) WPC No. 5400 of 2025 1 - Shri Sai Pharmacy College Through The Secretary, Shri Sai Pharmacy College Smt. Sarita Vishwakarma, Aged 54 Yrs, W/o Shri Praveen Vishwakarma R/o Deurjhal, Nandini, Durg Distt- Durg (C.G.)
---petitioners(s) Versus 1 - State Of Chhattisgarh Through The Secretary To The Govt.
Of Chhattisgarh Department Of Medical Education Mahanadi Bhawan, Atal Nagar, Ps- Rakhi, Raipur C.G 2 - Pharmacy Council Of India Through The Registrar-Cum-Secretary Nbcc Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandamai Marg, Okhla Phase- I Landmark (Near Hotel Crowne Plaza) New Delhi- 110020 3 - The Director Directorate Of Technical Education Block-3, Thrid/ Fourth Floor Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur, C.G 4 - Chhattisgarh Swami Vivekanand Technical University Bhilai Through The Registrar Chhattisgarh Swami Vivekanand Technical University Newai, Po- Newai, Bhilai Distt- Durg C.G
--- Respondent(s)
WPC No. 5399 of 2025 1 - Disha College Of Pharmacy Through - The Director, Disha College Of Pharmacy Smt. Anshu Shukla, Aged 51 Yrs W/o Shri Rochak Shukla, R/o Flat - 105, E Daimond Block, Aishwarya Empire, Avanti Vihar Raipur, Disrict - Raipur, C.G.
---petitioners(s) Versus 1 - State Of Chhattisgarh Through - The Secretary To The Govt. Of Chhattisgarh Department Of Medical Education Mahanadi Bhawan, Atal Nagar, P.S.- Rakhi, Raipur, C.G. 2 - Pharmacy Council Of India Through - The Registrar-Cum-Secretary Nbcc Centre, 3rd Floor, Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase - I Landmark - (Near Hotel Crowne Plaza) New Delhi - 110020
3 3 - The Director Directorate Of Technical Education Block - 3, Third/ Fourth Floor Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur C.G. 4 - Chhattisgarh Swami Vivekanand Technical University, Bhilai Through- The Registrar Chhattisgarh Swami Vivekanand Technical University Newai, Po - Newai, Bhilai, District - Durg, C.G.
--- Respondent(s) WPC No. 5396 of 2025 1 - Prerna College Of Pharmacy Through The Director, Prerna College Of Pharmacy Rajiv Gupta, Aged 55 Years S/o Shri Sardari Lal Gupta R/o Behind Janpad Office, Devbhog Road, Gariyaband Distt- Gariyaband C.G.
---petitioners(s) Versus 1 - State Of Chhattisgarh Through The Secretary To The Govt. Of Chhattisgarh Department Of Medical Education Mahanadi Bhawan, Atal Nagar P S - Rakhi, Raipur C.G. 2 - Pharmacy Council Of India, Through The Registrar - Cum- Secretary, N B C C Centre, 3rd Floor,plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase- I, Landmark- (Near Hotel Crowne Plaza) New Delhi- 110020.
3 - The Director Directorate Of Technical Education Block-3, Third/fourth Floor Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur C.G. 4 - Chhattisgarh Swami Vivekanand Technical University,bhilai Through The Registrar Chhattisgarh Swami Vivekanand Technical University Newai, P O- Newai, Bhilai Distt- Durg C.G.
--- Respondent(s)
WPC No. 5359 of 2025 1 - V.M. College Of Pharmacy Through Its Director Vivek Kumar Agrawal, Aged About 30 Years, S/o Shri Vijayraj Agrawal, College Situated At - Infront Of Jainagar Police Station, Bishrampur, District - Surajpur Chhattisgarh 497226
---petitioners(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - Additional Director Directorate, Of Technical Education, Indravati Bhawan, Atal Nagar, Naya Raipur, Distt - Raipur Chhattisgarh 3 - Pharmacy Council Of India Through Its Registrar Cum Secretary, N B C C
4 Centre, 3rd Floor Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase-1, Landmark (Near Hotel Crown Plaza), New Delhi 4 - Chhattisgarh Swami Vivekanand Technical University, Bhilai Through Its Registrar, Chhattisgarh Swami Vivekanand Technical University, Bhilai, Newai, Post Newai, Bhilai, District Durg Chhattisgarh
--- Respondent(s) WPC No. 5358 of 2025 1 - We Care College Of Pharmacy Through Its Principal Neelesh Kumar Shrivastava, S/o Shri Janardan Lal Shrivastava, Aged About- 46 Years, College Situated At Kanti Prakashpur, Darima Road, Ambikapur, District Surguja C.G.
---petitioners(s) 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, Nava Raipur, District Raipur C.G. 3 - Pharmacy Council Of India, Through Its Registrar Cum Secretary, N B C C 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 Technical University, Bhilai, Newai, Post- Newai, Bhilai, District Durg C.G. ----Respondents (Cause-title taken from Case Information System) IN WPC No. 5356/2025, WPC No. 5358/2025 and WPC No. 5359/2025 For petitioners : Mr. Rajat Agrawal, Advocate For Respondent-State
: Mr. Anurag Tripathi, P.L. For Respondent-University : Mr. Neeraj Choubey, Advocate For Respondent- UOI : Mr. Shewta Rai, Adv, on behalf of Mr. R.K. Mishra, DSGI. IN WPC No. 5396/2025, WPC No. 5399/2025, WPC No. 5400/2025 WPC No. 5401/2025 For petitioners : Mr. Anurag Dayal Shrivastava, Adv. For Respondent-State
: Mr. Anurag Tripathi, P.L. For Respondent-University : Mr. Neeraj Choubey, Advocate For Respondent- UOI : Mr. Shewta Rai, Adv, on behalf of Mr. R.K. Mishra, DSGI. 5 Hon’ble Shri Justice
Arvind Kumar Verma
Order on Board 14/10/2025
1. Since the impugned order in these petitions are common, all these petitions are being disposed of by this common order.
2. The present Writ Petitions are filed against the arbitrary, non-speaking, and illegal Order/Communication bearing Reference No. CSVTU/AII/2025-26/4676, dated 03.10.2025 issued by respondent- Chhattisgarh Swami Vivekanand Technical University. By way of the impugned order, the Respondent University has unlawfully and without jurisdiction reduced the sanctioned intake capacity of students for the D. Pharmacy/ B. Pharmacy (Diploma) course at the petitioners 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. 03/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 petitioners College, having obtained approval in accordance with the statutory guidelines and verification process of the PCI, is thus being prejudiced by an action beyond the University's legal authority.
3.
Learned counsel for the respondent-University submits that since the executive council is the supreme authority of the University and when the application submitted by the concerned institution for affiliation the inspection committee constituted by the University and after inspection the committee submit the report in which the inspection committee
6 pointed out the deficiencies in the petitioner institution. The executive council in its 134th meeting dated 01.10.2025 looking into the past deficiency and the letters issued by the University to the petitioner institution for removing the deficiencies and the undertaking given by the petitioner institution but fail to remove the deficiencies, in the above background have discussed the matter and resolved to given the approval with 30 sets intake to the petitioner institution, so that the serious steps can be taken by the concerned institution for removing the deficiency because the concerned institution/colleges not willing to rectify or remove the deficiency and due to deficiency it is not possible to maintain the higher standard of technical education. The Statue 19 is a mandatory requirement as per University norms, thus the decision of the University for approval of the conditional annual affiliation with 30 intake is strictly in accordance with law. 4. I have learned counsel for the parties and perused the records with utmost circumspection. 5. On perusal of the order 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 issuing of this letter. Further, the Affidavit regarding the compliance of the 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 the petitioners undertake on behalf of the petitioners that the Principal and required faculties as per norms shall be ratified within 6 months from the date of issuing of the
7 impugned order (Annexure P-1) dated 03.10.2025. 7. In view of above undertaking, if the petitioners are not complied with the order dated 03.10.2025, the respondent-University has right to take appropriate action against the petitioners. 8.
Looking to the facts and circumstances of the case and specially the undertaking given by the petitioners, this Court finds it appropriate to dispose of the present writ petitions on the undertaking that the petitioners shall rectify all the deficiencies within 6 months from the date of issuing of the letter dated 03.10.2025 and the petitioners are directed to comply mandatory conditions. 9. Meanwhile, It is directed that the sanctioned intake capacity of 60 students for the D.Pharmacy/B.Pharmacy Diploma course at the petitioners’ college shall remain intact as per the notification issued by Pharmacy Council of India. Meaning thereby the petitioners are entitled to participate in the counselling for the intake of 60 seats for Session 2025-2026. 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
11. With the aforesaid direction, the writ petitions are accordingly
disposed of.
Sd/- (Arvind Kumar Verma) Judge jyoti