Ekalavya Institute Of Higher Education v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9276 of 2025 ====================================================== Ekalavya Institute of Higher Education Near Madhepura Christian Hospital, Madhepura, Bihar, through its trustee namely Abhinav Pansari, aged about 26 years (Male), S/o- Sanjeev Kumar Pansari, R/o flat No. 1202, The Residency, City Centre, Budh Marg, Opposite Fire Brigade Office, Ward No. 27 P.O.- Patna GPO, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna. 2.

The Additional Chief Secretary, Health Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director-In-Chief Health Services, Govt. of Bihar, Patna. 4.

The Pharmacy Council of India, New Delhi through its Secretary. 5.

The Vice Chancellor, Bihar University of Health Sciences, Mithapur, Patna. 6.

The Registrar, Bihar University of Health Sciences, Mithapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Adv.

For the Respondent/s :

Mr. Md. Irshad, AC to SC-1 For the Res. No. 5-6 :

Mr. Ajay, Sr. Adv.

Mr. Sudhir Kumar, Adv.

For the PCI :

Mrs. Parul Prasad, Adv.

Mr. Aditya Anand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-09-2025 Heard the parties.

2. Trustee of the institute has filed the writ petition, in representative capacity, seeking a direction upon the respondents, especially respondent no. 2 to issue no objection certificate in favour of the institute, as the institute, in question, has already fulfilled all the terms and conditions laid down by the Pharmacy Council of India (hereinafter referred to as,

Patna High Court CWJC No.9276 of 2025(2) dt.04-09-2025 2/3 "PCI") as well as the State Government, for running the course of Diploma in Pharmacy and Bachelor of Pharmacy for session 2025-26.

3. Learned Advocate for the petitioner submitted that in order to obtain no objection certificate, an application was submitted in due format with requisite fee of Rs. 50,000/- on 04.10.2024 before the Additional Chief Secretary, Health Department, Government of Bihar, Patna, the copy of which is placed on record as Annexure-P/2. It is further contended that the petitioner has also deposited Rs. 3,00,000/- for grant of approval, for conducting Diploma in Pharmacy course for the session 2025-26 and Rs. 6,00,000/- for granting approval for conducting of Bachelor in Pharmacy course for the session 2025-26 before the PCI. However, in absence of no objection certificate, the academic session is at peril and there is chances that if the same would not be issued, within stipulated time, great loss shall be caused to the new incumbent/students.

Differential approach has been taken by the concerned authorities, as is submitted by learned Advocate for the petitioner that other identically situated institution, who had approached before this Court by filing CWJC No.

Patna High Court CWJC No.9276 of 2025(2) dt.04-09-2025 3/3 claim; no objection certificate has been extended in favour of the institute, but in case of the the petitioner, they are sitting tight over the matter.

4. Learned Advocate for the State prays for a short adjournment to seek instruction and apprise this Court with regard to the present position.

5. Having considered the grievance of the petitioner and the materials available on record, especially the documents, which have already been submitted for grant of no objection certificate directed the concerned respondent nos. 2 & 3 to consider the pending claim of the petitioner and take a final decision within a period of four weeks, from today, by keeping in mind, the uniformity in action is hallmark of the good governance.

6. It is expected that the respondent authorities shall adhere to the stipulated time.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) shivank/- U