Shri Deopur Vidhayak Samiti Deopur Throuhg Its Secretary And Another v. The State Of Maharashtar Through Its Secretary And Others
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 58 WRIT PETITION NO.12580 OF 2025 Shree Babanrao Narayan Dhokale Shikshan Va Sanshodhan Sanstha Through Its Secretary And Another
VERSUS
The State Of Maharashtra Through Its Additional Chief Secretary And Others ......
68 WRIT PETITION NO. 12606 OF 2025 WITH CIVIL APPLICATION (STAMP) NO.31568 OF 2025 IN WP/12606/2025 Khandesh Bahuuddeshiya Sanstha's Through Its Authorized Signatory
VERSUS
The State Of Maharashtra Through The Principal Secretary And Others ......
202 WRIT PETITION NO. 12144 OF 2025 Shri Deopur Vidhayak Samiti Deopur Through Its Secretary And Another
VERSUS
The State Of Maharashtra Through Its Secretary And Others ......
WRIT PETITION NO. 12712 OF 2025 Pradnyawardhdhini Jalgaon Through Its Secretary And another
VERSUS
The Pharmacy Council of India Through its Registrar cum Secretary and Others ......
WRIT PETITION NO. 12716 OF 2025 Sandesh Shikshan and Krida Prasarak Mandal Through its Vice President and Another
VERSUS
The State Of Maharashtra Through Its Secretary And Others ......
{2} Mr. Sudheer R. Zambare, Advocate for Petitioner in WP/12580/2025 Mr. Atul M. Karad, Advocate for Petitioner in WP/12606/2025 Mr. Vijay V. Deshmukh, Advocate for Petitioners in WP/12144/2025 Mr. Kedar Warad, Advocate for Petitioners in WP/12712/2025 Mr. Shirish M. Kamble, Advocate for Petitioners in WP/12716/2025 Mr. Santosh Jadhavar, Advocate for Respondent No.3 in WP/12580/2025 & WP/12144/2025 & WP/12716/2025 and for Respondent No.4 in WP/12606/2025 & WP/12712/2025 Mr. A.D. Kulkanri, Advocate for Respondent No.4 in WP/12580/2025 Mr. N.T.. Bhagat, Advocate for Respondent No.4 in WP/12144/2025 Mr. A.R. Kale, Addl. G.P., Ms. P.R. Bharaswadkar, Mr. Abhijeet M. Phule, Mr. V.M. Jaware, AGPS for Respondents - State in respective matters Mr. Shryash Deshpande, Advocate for Pharmacy Council in all Wps. ......
CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 13 OCTOBER, 2025 PER COURT :- 1.
Writ Petition Nos.12712 of 2025 and 12716 of 2025 not on board. Upon mentioning taken on board.
2.
Heard learned counsel for the respective parties. 3.
The present writ petitions have been filed by the institutions that have been refused to admit students for the academic year 2025-2026. Some of the petitioners are challenging the circular dated 26.09.2025, issued by the Registrar-cum-Secretary of the Pharmacy Council of India, whereby the names of the colleges have been included in the 'No Admission Category' in view of shortcomings or defects. It appears that
{3} the colleges were started somewhere in 2024-2025 or earlier, with the intake capacity approved by the Government, and even the affiliation has been granted. Now the petitioners/colleges have received show cause notices of different dates showing the defects. According to the petitioners, those defects have been removed either by obtaining fresh certificates or showing already existing certificates. In some colleges the decision was taken by the Pharmacy Council of India that the defects have been removed and it has been granted approval for the academic year 2025-2026; still, the Government issued the impugned order, thereby making the colleges ineligible for admission for the academic year 2025-2026.
4.
The learned advocates appearing for the petitioners have relied upon the decision dated 06.10.2025 in Writ Petition No. 5816 of 2025 (Gramin Vikas Multipurpose Education Society, Nagpur through its Secretary and another vs. The Pharmacy Council of India through its Registrar-cum-Secretary and others) [Nagpur Bench], and the decision dated 07.10.2025 in Writ Petition No. 6002 of 2025 (Narayana Education Society and another vs. State of Maharashtra and others) [Nagpur Bench], whereby the circular/order dated 26.09.2025 issued by the Pharmacy Council of India was set aside. Further, in Gramin Vikas Multipurpose Education Society (supra), it has been held that the
{4} Joint Director does not possess any authority, either under the Pharmacy Act or under the norms framed by the Pharmacy Council of India (PCI), to inspect the college once a No Objection Certificate (NOC) has been issued to start the college. This is the crux of the matter involved in all these petitions. In all these petitions, the NOC was granted, and thereafter, relying upon the so-called circular dated 26.09.2025, further action was taken. Once a coordinate Bench has held that the said circular was issued without any statutory power with the said authority and has quashed and set it aside, we do not want to take any see no reason to take a different view. Therefore, all these petitions are allowed.
5.
Since the circular dated 26.09.2025 has already been quashed and set aside, there is no necessity to have one more order. However, we direct the respondents to include the names of the respective petitioners/colleges, as mentioned in the individual petitions, on the official admission website at the earliest.
6.
The State Common Entrance Test Cell, Maharashtra is directed to include the names of respective petitioners/colleges in the respective petitions in the list of colleges provided for admission on its website within 24 hours.
{5} 7.
The writ petitions stand disposed of accordingly. 8.
Pending civil applications, if any, also stand disposed of Parties to act upon an authenticated copy of this order. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane