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2025 DAILYLAW 54986 (CHH)

AAYUSH COLLEGE OF PHARMACY MARWAHI v. STATE OF CHHATTISGARH

WPC/5515/2025 · 2025-10-15

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:51583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5512 of 2025 1 - Aayush College Of Pharmacy Meduka (Owned And Managed By Gram Meduka Krishi Shikshan Samiti), Village Meduka, P O Darri, District G.P.M. Chhattisgarh Through Its President Shri Ajay Jaiswal, S/o Shri Awadhram Jaiswal, Aged About 45 Years, R/o Village Meduka, Post Darri, Tahsil Pendra Road, District G.P.M. Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Technical Education, Manpower Employment, Science And Technology Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar Raipur Chhattisgarh 492002 2 - Directorate Of Technical Education Through Its Director, Girls Polytechnic Campus, Byron Bazar, Post Byron Bazar, P.S. Civil Lines, Raipur Chhattisgarh 492001 3 - Indian Pharmacy Council Through Its Registrar-Cum-Secretary, Combined Councils Building, Temple Lane, Kotla Road, Aiwan-E-Ghalib Marg, Post Kotla, P.S. Kotla, New Delhi 110-002 4 - Chhattisgarh Swami Vivekanand Technical University Through Its Registrar, C S V T U Campus, Newai, Post Newai, Bhilai, District Durg Chhattisgarh --- Respondent(s) 2 WPC No. 5509 of 2025 1 - J.K. Institute Of Pharmacy Through Its Principal Having Its Campus Near Gatora Railway Station Office At Karbala Road, Opposite B.J.P. Office Post And P.S. Karbala, Bilaspur (C.G.) 495001 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Technical Education Manpower Employment, Science And Technology Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Raipur (C.G.) 492002 2 - Directorate Of Technical Education Through- Its Director Girl's Polytechnic Campus, Byron Bazar, Post Byron Bazar P.S. Civil Lines Raipur (C.G.) 492001 3 - Indian Pharmacy Council Through- Its Registrar-Cum Secretary, Combined Councils Building Temple Lane, Kotla Road Aiwan- E Ghalib Marg, Post- Kotla, P.S, Kotla, New Delhi- 110-002 4 - Chhattisgarh Swami Vivekanand Technical University Through- Its Registrar, Csvtu Campus, Newai, Post- Newai, Bhilai, District- Durg (C.G.) --- Respondent(s) WPC No. 5505 of 2025 1 - Chhattisgarh Pharmacy College Run By Durg Education And Charitable Society, Through Its Secretary Nalin Kumar Lunia, Aged About 53 Years S/o Shri Dharam Chand Lunia, Office At Chhattisgarh Pharmacy College, Village Dhanora, Durg, Dist. Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Skill Development, Technical Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 2 - The Registrar Chhattisgarh Swami Vivekanand Technical University, Newai, Bhilai, District Durg (C.G.) 3 - The Chairman/ Secretary Pharmacy Council Of India, Office At Nbbc Centre, 3rd Floor, Plot No. 2, Community Centre Maa Anandmai Marg, Okhla, Phase I, New Delhi, Dist. New Delhi 4 - Director Department Of Skill Development, Technical Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) --- Respondent(s) WPC No. 5504 of 2025 1 - Sonkar College Of Pharmacy Through Its Director Aashish Sonkar Aged About 35 Years S/o Shri Santu Lal Sonkar Raipur Road Village Bundeli, Mungeli District- Mungeli (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - The Registrar Chhattisgarh Swami Vivekanand Technical University Newai Bhilai, District - Durg (C.G.) 3 - The Chairman / Secretary Pharmacy Council Of India Office At Nbbc Centre 3rd Floor, Plot No. 2 Community Centre Maa Anandmai Marg, Okhla Phase I New Delhi District- New Delhi 4 - Director Department Of Skill Development Technical Education Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur District - Raipur (C.G.) --- Respondent(s) WPC No. 5497 of 2025 1 - Mona College Of Pharmacy Through - The Secretary, Mona College Of Pharmacy, Dr. Ritesh Kesharwani Aged 53 Years S/o Shri Bhagwan Prasad Kesharwani R/o Sarangarh, District - Sarangarh (C.G.) 4 ---Petitioner(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 - 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 District - Durg, C.G. --- Respondent(s) WPC No. 5496 of 2025 1 - Apex Institute Of Pharmacy Education And Research Through - The Director, Apex Institute Of Pharmacy Education And Research Satyendra Kumar Rai, Aged 47 Years, S/o Shri S. N. Rai R/o Atal Chowk, Chhatamud Raigarh (C.G.) ---Petitioner(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, Third/fourth Floor Indrawati Bhawan, Naya Raipur, Atal Nagar, Raipur (C.G.) 5 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. 5494 of 2025 1 - Prism College Of Pharmacy Through The Director Prism College Of Pharmacy Rupesh Kumar Gupta, Aged 52 Years, S/o Shri Gopal Das Gupta R/o Utari - Ganiyari Road, Mahkakhurd, Tahsil - Patan, Distt - Durg Chhattisgarh ---Petitioner(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 Chhattisgarh 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 Chhattisgarh 4 - Chhattisgarh Swami Vivekanand Technical University, Bhilai Through The Registrar Chhattisgarh Swami Vivekanand Technical University Newai, Po - Newai, Bhilai Distt - Durg Chhattisgarh --- Respondent(s) WPC No. 5489 of 2025 1 - Shyam Balaji College Of Pharmacy Through The Secretary, Shyam Balaji College Of Pharmacy Smt. Tara Chandrakar, Aged About 55 Years, W/o Shri Hemant Chandrakar, R/o Imalibhatha, Ayodhya Nagar Mahasamund C.G. ---Petitioner(s) Versus 6 1 - State Of Chhattisgarh Through The Secretary To Th 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 Anandmai 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. 5475 of 2025 1 - Shri Balaji Institute Of Pharmacy And Research Centre Through The Director, Shri Balaji Institute Of Pharmacy And Research Centre Nitin Patel, Aged 41 Yrs S/o Shri Paramchand Patel R/o Mowa, Raipur, Distt. Raipur (C.G.) ---Petitioner(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, 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, Bhilaii Distt. Durg (C.G.) --- Respondent(s) 7 WPC No. 5515 of 2025 1 - Aayush College Of Pharmacy Marwahi (Owned And Managed By Gram Meduka Krishi Shikshan Samiti), Village Meduka, P O Darri, District G.P.M. Chhattisgarh Through Its President Shri Ajay Jaiswal, S/o Shri Awadhram Jaiswal, Aged About 45 Years, R/o Village Meduka, Post Darri, Tahsil Pendra Road, District G.P.M. Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary Department Of Technical Education, Manpower Employment, Science And Technology Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar Raipur Chhattisgarh 492002 2 - Directorate Of Technical Education Through Its Director, Girls Polytechnic Campus, Byron Bazar, Post Byron Bazar, P.S. Civil Lines, Raipur Chhattisgarh 492001 3 - Indian Pharmacy Council Through Its Registrar-Cum-Secretary, Combined Councils Building, Temple Lane, Kotla Road, Aiwan-E-Ghalib Marg, Post Kotla, P.S. Kotla, New Delhi 110-002 4 - Chhattisgarh Swami Vivekanand Technical University Through Its Registrar, C S V T U Campus, Newai, Post Newai, Bhilai, District Durg Chhattisgarh --- Respondent(s) In WPC No. 5512/2025, WPC No. 5515/2025, WPC No. 5509/2025 For petitioners : Ms. Ruchi Nagar, Advocate For Respondent-State : Mr. Praveen Das, Dy. A.G. 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. 5475/2025, WPC No. 5489/2025, WPC No. 5494/2025 WPC No. 5496/2025, WPC No. 5497/2025 For petitioners : Mr. Anurag Dayal Shrivastava, Adv. For Respondent-State : Mr. Praveen Das, Dy. A.G. 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. 5504/2025, WPC No. 5505/2025 8 For petitioners : Mr. Akash Pandey, Adv. For Respondent-State : Mr. Praveen Das, Dy. A.G. For Respondent-University : Mr. Neeraj Choubey, Advocate For Respondent- UOI : Mr. Shewta Rai, Adv, on behalf of Mr. R.K. Mishra, DSGI. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/10/2025 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/Affil/2025-26/4706, dated 03.10.2025 issued by respondent no. 4/ 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 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 9 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 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 10 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 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 Madhurima