State Medical Faculty of West Bengal v. Basundhara Pharmacy College And Ors
FMA/469/2026 · 2026-04-16
Partha Sarathi Chatterjee, Tapabrata Chakraborty
body2026
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[ 2026 DAILYLAW 9487 (CAL) · dailylaw.ai ]
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[ 2026 DAILYLAW 9487 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 16.04.2026 Ct No.11 rrc
FMA 469 of 2026 with IA No. CAN 1 of 2026 and IA No. CAN 2 of 2026 (State Medical Faculty of West Bengal Vs. Basundhara Pharmacy College & Ors.)
Mr. Krishnendu Bhattacharya Ms. Sneha Ghosh Mr. Amaaan Deep Gupta
… For the appellant
Mr. Soumya Mazumder, Sr. Adv. Mr. Arkadipta Sengupta Mr. Tirthankar Dey Ms. Ria Naskar Ms. Upasana Banerjee ….. For the respondent/ writ petitioner
Mr. Ayan Banerjee Mr. Ajeyo Chowdhury ….. For the applicants (in CAN 2/2026)
Affidavit-of-service in terms of the earlier order of this Court dated 7th April, 2026, as filed, be kept on record. In spite of service, no one appears on behalf of the respondent no.4. The present appeal has been preferred by the State Medical Faculty of West Bengal (hereinafter referred to as the said Faculty) challenging an order dated 27th February, 2026 passed by the learned single Judge in a writ petition being WPA 5033 of 2026 which was preferred by Basundhara Pharmacy College (hereinafter referred to as the said College) primarily praying for issuance of necessary directions upon the respondents to include the name of the said College in
2 the category list of affiliated colleges for the Academic Session 2025-2026. By the order impugned, the learned single Judge
disposed of the writ petition directing the Pharmacy Council of India (in short, PCI) to take necessary steps for uploading the approval status of the said College in its official website in accordance with law for the Academic Session 2025-2026, if not already done and that, in the event the PCI approves the affiliation of the said College, then the State affiliating body being the appellant herein shall take consequential steps. Mr. Bhattacharya, learned advocate appearing for the appellant submits that it would be explicit from the documents annexed at pages 68 and 69 of the stay application that the appellant had been named as the affiliating body for the academic year 2025-2026. But surprisingly thereafter, no follow up steps have been taken by PCI to upload the name of the appellant in its official website. He contends that in view of the decision as reflected in the documents annexed at pages 68 and 69 of the stay application, there was no requirement to relegate the matter again to PCI for any further decision. He further submits that as prior notice was not served, no one could appear on behalf of the appellant and the writ petition was disposed of without granting any opportunity of hearing to the appellant.
3 Mr. Mazumder, learned senior advocate appearing for the said College submits that in spite of a decision having taken by the PCI that the appellant would be the affiliating body for the Academic Session 2025- 2026, the name of the appellant has not been uploaded in the website. We have heard the learned advocates appearing for the respective parties and considered the materials on record. A perusal of the order impugned reveals that directions have been issued upon PCI to take necessary steps for uploading the approval status of the said College in its official website and that if such steps have not been taken, the PCI shall intimate the reason to the College and the appellant herein. In our opinion, such directions contained in the
order impugned, have not caused any prejudice to the appellant and as such, no interference is called for in the present appeal. It has been submitted by Mr. Banerjee, learned advocate on behalf of the applicants in the application being CAN 2 of 2026 that the said applicants are colleges similarly situated with the writ petitioner/respondent no.1 and have also been denied affiliation. In view thereof, the applicants need to be impleaded and heard in the present appeal. Such argument is, however, not acceptable and this Court is
4 not inclined to add them as parties in the present appeal. However, it would be open to the said colleges to take appropriate steps before the competent forum, in accordance with law. With the above observations and directions the appeal and its connected applications are disposed of. There shall, however, be no order as to costs. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)