Chetana Seva Sanstha Through Its Secretary And Another v. The State Of Maharashtr Through Its Secretary And Others
2025:BHC-AUG:29273-DB {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 201 WRIT PETITION NO. 12123 OF 2025 Chetana Seva Sanstha Through Its Secretary And Another
VERSUS
The State Of Maharashtr Through Its Secretary And Others ......
Mr. Vijay V. Deshmukh, Advocate for Petitioners Mr. A.R. Kale, Addl. G.P. for Respondents No.1 and 2 Mr. Santosh Jadhavar, Advocate for Respondent No.3 Mr. Shryash Deshpande, Advocate for Respondent No.4/Pharmacy Council of India ......
CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 13 OCTOBER, 2025 PER COURT :- 1.
Heard learned counsel for the respective parties. 2.
The present writ petition has been filed by the institution that has been refused to admit students for the academic year 2025-2026. The petitioners are challenging the circular dated 26.09.2025, issued by the Registrar-cum-Secretary of the Pharmacy Council of India, whereby the name of the college have been included in the 'No Admission Category' in view of shortcomings or defects. It appears that the college was 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/college have received show cause notice showing the defects. According to the petitioners, those defects have
{2} 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. 3.
The learned advocate 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 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 the petition. In the present petition, the NOC was granted, and thereafter, relying upon the so-called circular dated 26.09.2025,
{3} 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, the writ petition is allowed.
4.
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 name of the petitioners/college, as mentioned present petition, on the official admission website at the earliest.
5.
The State Common Entrance Test Cell, Maharashtra is directed to include the name of the petitioners/college in the present petition in the list of colleges provided for admission on its website within 24 hours.
6.
The writ petition stands disposed of accordingly. 7.
Parties to act upon an authenticated copy of this order. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane