L.T. College Of Pharmacy, v. The State Of Bihar Through The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11703 of 2024 ====================================================== L.T. College of Pharmacy, Farhada, P.S.- Barhara, P.O.- Nathmalpur, DistrictBhojpur through the Chairman of Bhagwati Sitaram Educational Social Trust, Laxman Tiwari, aged about 62 years, male, son of late Sitaram Tiwari, resident of Village and P.O.- Barisawan, P.S.- Shahpur, District- Bhojpur (Ara).

... ... Petitioner/s

Versus

1.

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

2.

The Examination Controller, Diploma in Pharmacy Committee, Health (Health Education) Department, Nalanda Medical College Campus, Patna800026. 3.

The Pharmacy Council of India through Registrar-cum-Secretary, NBCC Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandmai Marg, Okhla Phase-1, New Delhi- 1100020.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishi Raj Raman, Adv.

For the State :

Mr. K.P. Gupta, G.P.-10 Mr. Satyavrat, A.C. to G.P.-10 For the PCI :

Ms. Parul Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2025 Heard learned counsels for the petitioner, learned counsel for the State and learned counsel for the Pharmacy Council of India.

2.

At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the order dated 11.02.2025 passed in CWJC No. 10803 of 2024 and other analogous cases, hence the present writ petition may be disposed of in similar terms.

3.

The present matter has been heard by this Court and

Patna High Court CWJC No.11703 of 2024(3) dt.28-03-2025 2/3 during the course of argument, the concern has been raised for the students of the Academic Session 2021-22 and 2022-23 enrolled in D.Pharm Course with the petitioner-college as the college does not have the approval for conducting D.Pharm course and it will affect the future of the students. 4.

In this regard, it is observed that since regular examinations are over for the students of the Academic Session 2021-22 and 2022-23 enrolled in D.Pharm Course, the concerned Authority, for the sake of the future of the students enrolled in D.Pharm Course with the petitioner-college, is required to held a Special Examination and allow the students to appear in the said examination and Pharmacy Council of India (PCI) is also directed to give consequential benefit of registration to such students.

5.

Considering the facts and circumstances of the case and the above discussions, the respondents are directed to abide by the decision of this Court unconditionally. However, the order passed in this case shall be treated as an exception and will not be taken as a precedent in future and all pending applications for grant of recognition and/or approval of course/institutions in the Pharmacy shall be dealt with as per the provisions of the Pharmacy Act, 1948 and the regulation thereunder and as per

Patna High Court CWJC No.11703 of 2024(3) dt.28-03-2025 3/3 the norms and regulation fixed by the respondent PCI. 6.

In such view of the matter, the respondent no.2 is directed to grant permission to conduct a Special Examination of the concerned students and, subsequently, hold a Special Examination within a period of two months from the date of receipt/production of a copy of this order.

7.

With the aforesaid observation, the writ application stand disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T