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Madras High CourtWP/2610/2022dismissed as infructuous

Saraswathi Educational Trust v. The Pharmacy Council Of India

2025-04-02Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA and WMP.Nos. 2756, 2758 and 2760 of 2022 Saraswathi Educational Trust Old No. 3/ 44, New No.3/ 149C, Nehru Nagar, Collectorate Post, Dharmapuri- 636 705 Rep. by its Managing Trustee, N.Megavannan.

... Petitioner Vs

1. The Pharmacy Council of India Rep by the Registrar Cum Secretary, NBCC Centre, 3rd Floor, Plot No.2 Community Centre, Maa Anandamai Marg, Okhla Phase- I, New Delhi- 110 020.

2. The Principal Secretary to Government Medical and Family Welfare Department, Secretariat, Chennai- 600 009.

3. The Director of Medical Education Directorate of Medical Education Campus, Kilpauk, Chennai- 600 010.

..Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, praying to issue a writ of mandamus, calling for the records relating to the impugned letters of the 1st Respondent in Ref. No. 14 - 56 / 2019- PCI

(Moratorium) / 3720- 3826 and in Ref. No. 14- 56 / 2019 -PCI (Moratorium) / 4562 - 670 dated 17.07.2019 and 09.09.2019 respectively quash the same and direct the 1st Respondent to grant approval / affiliation to the Petitioner college for an intake of 60 students in D.Pharm Diploma Course for the academic year 2022- 23 For Petitioner: Mr.D.Prabhu Mukunth Arun Kumar For Respondent(s): Mr. M.T.Arunan,CGSC - R1 Mr.E.Sundaram, GA - R2 & R3

ORDER

Prayer in the writ petition is to call for the records relating to the impugned letters of the 1st Respondent in Ref. No. 14 - 56 / 2019- PCI (Moratorium) / 3720- 3826 and in Ref. No. 14- 56 / 2019 -PCI (Moratorium) / 4562 - 670 dated 17.07.2019 and 09.09.2019 respectively quash the same and direct the 1st Respondent to grant approval / affiliation to the Petitioner college for an intake of 60 students in D.Pharm Diploma Course for the academic year 2022- 23.

2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the impugned order in the writ petition was under challenge before other High Courts and ultimately, the Hon'ble Supreme Court in the case of Pharmacy Council of India Vs. Rajeev College of Pharmacy

and Others (Civil Appeals No. 6681 of 2022 and batch, dated 15.09.2022) reported in [(2023) 3 SCC 502] struck down the moratorium dated 17.07.2019 and 09.09.2019 issued by the Pharmacy Council of India.

3. The learned counsel for the petitioner submitted that in view of the aforesaid decision of the Hon'ble Supreme Court, nothing survives for further adjudication in the present writ petition.

4. In view of the decision of the Hon'be Supreme Court cited supra and the submissions made by the learned counsel for the petitioner, the writ petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

02-04-2025 Index : Yes/No Internet : Yes/No ak To

1. The Pharmacy Council of India Rep by the Registrar Cum Secretary, NBCC Centre, 3rd Floor, Plot No.2 Community Centre, Maa Anandamai Marg, Okhla Phase- I, New Delhi- 110 020.

N. MALA, J ak

2. The Principal Secretary to Government Medical and Family Welfare Department, Secretariat, Chennai- 600 009.

3. The Director of Medical Education Directorate of Medical Education Campus, Kilpauk, Chennai- 600 010.

and WMP.Nos. 2756, 2758 and 2760 of 2022 02.04.2025