Ashwini Ashish Roy And Others v. Pharmacy Council Of Dindia, Through Its Registrar Cum Secretary, New Delhi And 4 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1813 OF 2020 PETITIONERS :- 1.Ashwini Ashish Roy, aged 25 yrs, occup.

Student, R/o Bazar Chowk, Bazargaon, Tal. Bazargaon, Dist. Nagpur.

2.Pallavi Nandlal Shau aged 25 yrs, Occup.

Student, r/o 21, Ulhas Nagar, Manewada Road, Nagpur.

3.Payal Namdeoji Rao, aged 24 yrs, Occup.

Student, r/o Plot No.63, Shri. Harry Nagar, No.3, Manewada Ring Road, Nagpur.

4. Priyanka Bhikaji Pardhi aged about 24 yrs, occup. Student, r/o Kapsi Khurd, Jinsi, Bhandara Road, Pardi, Nagpur.

5. Yamini Rameshwar Uprade, aged 24 yrs, Occup. Student, R/o 36 Niwas Society, Ambika Nagar, Narsala Road, Nagpur.

6. Shubhangi Marotiji Raut, aged 23 yrs, Occup. Student, r/o Plot No.950 m Bharatwada, Pardi Raod, Nagpur.

7. Vidhya Jagdish Kumbhare, aged 23 yrs, Occup. Student, r/o Plot No.41, Gulshan Nagar, Kalmna Road, Nagpur.

8. Dhanraj Harichand Dhawale, aged 25 yrs, Occup. Student, r/o Seloti Road, Ward No.2, Lakhani, Dist. Bhandara.

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9. Priya Diwarkarrao Talkhande, aged 23, yrs, Occup. Student, r/o Plot No.100, Behind Laxmi Kamal Bhavan, Panchvati, Katol, Dist.Nagpur.

10.Switi Ramesh Chandekar, aged 23 yrs, Ocup. Student, r/o Bhavani Nagar, Punapur Road, Pardi, Nagpur.

11. Vishakha Vidyasagar Oimbe, aged 23 yrs, Occup. Student, r/o Near Navprabhat Kanya High School, Bhandara Road, Warthi, Dist. Bhandara.

12.Nilesh Gajanan Shambharkar, aged 24 yrs, Occup. Student, r/o C/o S.M.Raut, Plot No.950, Bharatwada, Pardi road, Nagpur.

...VERSUS...

RESPONDENTS :- 1.Pharmacy Council of India through its Registrar cum Secretary , NBCC Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandamai Marg, Okhla Phase-I, New Delhi-110020.

2.The Director of Technical Education, State of Maharashtra, 3, Mahapalika Marg, Fort, Mumbai.

3.Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur through its Registrar Civil Lines, Nagpur.

4.Late Meghraj Oza Smruti Shikshan Sanstha Nagpur through its Director,

3/5 Smt. Pinki Sharma, Office at Sai Valley, Shree Sainath College of Pharmacy, Khasra No.46, Dawalameti, Nagpur -06.

5.Shree Sainath College of Pharmacy, through its Registrar, Shri. Dr.A.K.

Chanchal, Sai Valley, 46, Dawalameti, Nagpur-06.

-------------------------------------------------------------------------------------------- Mr.B.G.Kulkarni, counsel for the petitioners. Mr. Ashutosh Chaudhari counsel h/f Mr. U.M. Aurangabadkar, ASGI for respondent nos.1 and 2.

Mr.S.G.Shukla, counsel for respondent nos.4 and 5. --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL S.KILOR, JJ.

DATE : 17.08.2021.

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) Heard.

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Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 3.

There is no dispute that the facts of this petition being substantially the same as the facts of the case of Preeti Mukund Bagde and ors Vs. Pharmacy Council of India, through its

4/5 Registrar cum Secretary and ors. in Writ Petition No. 4274 of 2018 decided by this Court on 02.04.2019, the decision so given in that petition would govern this petition as well.

4.

Apart from what is stated above, the respondent Nos. 4 and 5, as submitted by learned counsel appearing for petitioners, have also complied with the requirements of Pharmacy Council of India, in the nature of issuance of various certificates including Certificate of Authentication. This seems to be an additional factor in this case which appears to be going in favour of the petitioners and which should, in our considered opinion, lessen the burden of the respondent No.1. 5.

In view of above, the Writ Petition is disposed of. Respondent No.1-Pharmacy Council of India is directed to take a decision as regards grant of approval to the respondent No.5College with effect from the year 2013-2014, as expeditiously as possible, preferably within four weeks from the date of the receipt of this order by it.

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Rule is made absolute in above terms. No costs. (ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)