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2026 DAILYLAW 30063 (CAL)

DEB ACADEMY TRUST AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/10540/2026 · 2026-07-22

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22-07-2026 Item No.33 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.10540 of 2026 Deb Academy Trust & Anr. -vs- The State of West Bengal & Ors. Mr. Sabyasachi Chattrerjee Mr. Pintu Karar Mr. Sabab Uddin Laskar …for the petitioners Ms. Mary Datta Ms. Sneha Chatterjee …for the State Mr. Bikramjit Dutta Ms. Kausiki Bose …for the Pharmacy Council of India 1. The first petitioner is a Trust and the second one claims to be the Trustee-cum-Chairman of the first petitioner. In the instant writ petition, the petitioners pray for grant of affiliation for running the pharmacy institute for the session 2026-27. 2. The petitioners claim that they have already submitted the registration fee of Rs.11,800/- on February 18, 2026. Prayer has been made to direct the respondents to accord consent of affiliation and issue no-objection certificate for running the said course. 3. A representation from the petitioner is alleged to be kept pending before the Registrar-cum- Secretary of the Pharmacy Council of India. 4. Learned counsel for the Pharmacy Council relies upon the instructions forwarded by the Council. It appears therefrom that the petitioners were required to submit a complete Standard Inspection Form along with all requisite documents for introduction of the pharmacy course. It is only after submission of all documents that the Pharmacy Council of India code is generated in the portal. 5. According to the Pharmacy Council, the petitioner-institution has neither completed the online application process nor submitted the requisite documents for which the Council code could not be generated. 6. The respondents refer to an order dated September 8, 2025 passed by the Hon’ble Supreme Court in MA No.1409 of 2025 wherein the last date for submission of application for establishment of new institutions for the academic session 2026-27 was fixed as November 15, 2025. The said date has expired prior to the application being made and registration fees paid by the petitioners. 7. According to the Pharmacy Council, in view of the aforesaid deficiencies, the authority is not in a position to process the application of the petitioners. 8. Upon hearing the respective submissions made on behalf of both the parties and on perusal of the documents on record, as it appears that the petitioner is yet to comply with the formalities required for approval of the new establishment, accordingly, the prayer of the petitioners for issuance of writ of Mandamus directing the authority to accord approval to the institute, cannot be allowed. 9. The writ petition fails and is hereby dismissed. 10. Dismissal of the present writ petition will, 2 however, no stand in the way of the petitioners to apply in the prescribed format and comply with the necessary formalities for obtaining approval in accordance with law for the future academic session. 11. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 12. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3