Rps College Of Pharmacy v. Dr Montu M Patel President Pharmacy Council Of India

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 21.05.2026 + CONT.CAS(C) 938/2026 RPS COLLEGE OF PHARMACY .....Petitioner Through:

Mr. Chandra Shekhar Singh, Adv.

versus DR MONTU M PATEL PRESIDENT PHARMACY COUNCIL OF INDIA .....Respondent Through:

Mr. Ajay Kumar Singh and Mr.

Divyansh Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) 1.

The present petition has been filed by the petitioner alleging wilful disobedience/ non-compliance of the directions contained in the order dated 27.04.2026, passed in W.P.(C) 5707/2026 and connected matters. The operative directions therein are as under:

"22. A perusal of the aforesaid paragraphs shows that the State of Uttar Pradesh as well as the affiliating university have categorically stated that there is no requirement of a COA of the examining authority as well as an NOC of the State Government for grant / extension of any course. That being position of the State of Uttar Pradesh as well as the affiliating university, the respondent insistence on provide the said documents by the petitioner institution is meaningless. The petitioner institution is incapable and is not in a position to provide these documents in view of a clear stand of the university as well as the State that the documents are not required as a precondition for grant of approval.

23. In this view of the matter and in view of the aforesaid factual position, the petition is allowed and the impugned decision dated 22.01.2026 is quashed. Thus, respondent is directed to process application of the petitioner institution without insisting on the requirement of the aforesaid two documents and in accordance with the timeline fixed by the Hon'ble Supreme Court."

By:CHINU LUTHRA 17:27:06 CONT.CAS(C) 938/2026 Page 1 of 2

2.

As such, in terms of the aforesaid directions, it is incumbent on the Pharmacy Council of India (PCI) to process the application of the petitioner without insisting requirement of Consent of Application (COA) of Examining Authority and No Objection Certificate (NOC) from the State Government for running the pharma courses.

3.

Learned counsel for the respondent, who appears on advance notice submits that the requisite decision is in process of being taken. 4.

It is assured and undertaken that the decision shall be taken within the timelines fixed by Supreme Court (as extended) for the said purpose and duly intimated to the petitioner. Let the same be done on or before 31.05.2026.

5.

The petition is disposed of in the above terms. 6.

In the event of non-compliance, the petitioner shall be at liberty to revive the present petition.

SACHIN DATTA, J MAY 21, 2026/cl By:CHINU LUTHRA 17:27:06 CONT.CAS(C) 938/2026 Page 2 of 2