1 2025:CGHC:52071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5579 of 2025 DBM Institute of Pharmacy Pithampur Through Its Authorised Signatory- Vasu Rathore, S/o- Shri Ramesh Kumar Rathore, Aged About- 23 Years, College Situated At- Pithampur, District- Janjgir- Champa (C.G.) ... 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, Distt- 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 Technical University, Bhilai, Newai, Post Newai, Bhilai, District Durg (C.G.) ... Respondents For Petitioner : Mr. Rajat Agrawal, Advocate For State : Mr. Saumitra Kesharwani, PL For Respondent No.3: Mr. R.K. Mishra, DSG for the UOI For Respondent No.4: Mr. Neeraj Choubey, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/10/2025 1. With the consent of learned counsel for the parties the matter is heard finally. 2. The present Writ Petitions are filed against the arbitrary, non-speaking, and illegal Order/Communication bearing Reference No. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.10.27 17:47:46 +0530 2 CSVTU/Affil/2025-26/4684, 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(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 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 seats intake to the petitioner institution, so that the 3 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 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 4 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 60/100 students for the D.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 pertinent to mention here that granting affiliation or taking action against the colleges is purely within the domain of the Executive Council of the University under the Act, 2004 and the Registrar of the University does not play any role individually, therefore, the Registrar /Vice Chancellor are not responsible for any fault of the colleges. 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 is accordingly disposed of. SD/- Sd/- (Arvind Kumar Verma) Judge ashu