Uit Educational Trust v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.1009 of 2024 UIT Educational Trust, Rep by its Managing Trustee, S.Shanmugam, Established And Administering United College of Pharmacy No.2, Gudalur Village, G.Koundampalayam, Periyanaickenpalayam, Coimbatore North, Coimbatore- 641 020.
... Petitioner Vs.
1.The Registrar Tamil Nadu Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai- 600032.
2.The Pharmacy Council Of India, Rep. by The Secretary Cum Registrar, NBCC Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandamai Marg, Okhla Phase I, New Delhi- 110 020.
3.The Government Of Tamil Nadu, Rep. by its Secretary, Health And Family Welfare Department, Fort St. George, Chennai-009.
...Respondents
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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned orders passed by the 1st Respondent vide Lr. No.Affln.I (1) / 6640/ 2018 dated 22.12.2023 quash the same and direct the 1st Respondent to grant consent of affiliation to the petitioner College to Start additional courses namely M.Pharm (Pharmaceutics and Pharmacognosy) and Pharm.D., for the academic year 2024- 25 without insisting Essentiality Certificate from the Government. For Petitioner : Mr.D.Prabhu Mukunth Arun Kumar For Respondents :
(for R1) : Mr.A.Mohamed Gouse (for R.2) : Not ready in Notice (for R.3) : Mr.K.Tippu Sultan, Government Advocate.
O R D E R
The writ of mandamus has been filed challenging the impugned order passed by the Registrar, Tamil Nadu MGR Medical University/1st respondent to quash he same and direct the 1st Respondent to grant consent of affiliation to the petitioner College to Start additional courses namely M.Pharm (Pharmaceutics and Pharmacognosy) and Pharm.D., for 2/5
the academic year 2024- 25 without insisting Essentiality Certificate from the Government.
2.
Mr.A.Mohamed Gouse, learned Counsel appearing on behalf of the 1st respondent would submit that the application has already been returned for want of Essentiality Certificate under communication dated 12.02.2024 and thus there is no application pending as of now. 3.
In such circumstances, liberty is granted to the petitioner to represent the application reiterating the requests made under application dated 28.01.2024. Such application, if and when made shall be considered by the respondents, in line with the ratio of the order of the Division Bench of this Court in the case of Annai J.K.K.Sampoorani Ammal Charitable Trust, rep. By its Management Trustee v The Registrar, Tamil Nadu Dr.M.G.R.Medical University, Chennai [W.A.No.3534 of 2019 dated 16.06.2020] and several other orders following the ratio of the order in re. Annai J.K.K.Sampoorani Ammal Charitable Trust, within a period of two weeks from the date of receipt of the application after the hearing the petitioner.
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4.
Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(sha) 15.04.2024 Index : Yes Speaking Order To 1.The Registrar Tamil Nadu Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai- 600032.
2.The Pharmacy Council Of India, Rep. by The Secretary Cum Registrar, NBCC Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandamai Marg, Okhla Phase I, New Delhi- 110 020.
3.The Government Of Tamil Nadu, Rep. by its Secretary, Health And Family Welfare Department, Fort St. George, Chennai-009.
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S.M.SUBRAMANIAM . J., (sha) and W.M.P.No.1009 of 2024 15.04.2024 5/5