Sri Rangapoopathi Educational Charitable Trust, v. The Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Sri Rangapoopathi Educational Charitable Trust, Represented By Its Chairman, R.Poopathi, 17, 1st Street, Rajadesingh Nagar, Gingee, Villupuram District.
... Petitioner Vs.
1. The Registrar, Tamilnadu Dr.MGR Medical University, 69, Ana Salai, Guindy, Chennai - 600 032.
2. The Pharmacy Council Of India, Represented by its 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, Represented by its Secretary, Health And Family Welfare Department, Fort St. George, Chennai -600 009.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the first respondent 1/5
to process the application of the Petitioner dated 28.01.2024 for starting the M.Pharm (Pharmaceutics) Course with an intake of 100 Seats, without insisting for the production of the NOC or Essentiality certificate of the third respondent and pass orders within such time as may be fixed by this Honourable Court for starting the courses in the Academic year 2024-25. For Petitioner : Mr.P.Srinivas For Respondents : Mr.A.Mohammed Gouse, Standing Counsel (for R1);
: Mr.K.Tippu Sunthan, Government Advocate (for R3);
: Mr.M.T.Arunan, Standing Counsel (for R2).
O R D E R
The writ of mandamus has been filed to direct the Registrar, Tamil Nadu MGR Medical University/1st respondent to process the petitioner's application dated 28.01.2024, for commencing Pharm.D and M.Pharm Courses without insisting for the production of the NOC or Essentiality Certificate.
2.
Mr.A.Mohamed Gouse, learned Counsel appearing on behalf of the 1st respondent would submit that the application has already been 2/5
returned for want of Essentiality Certificate under communication dated 19.02.2024 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.
4.
Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
(sha) 29.04.2024 Index : Yes Speaking Order 3/5
To
1. The Registrar, Tamilnadu Dr.MGR Medical University, 69, Ana Salai, Guindy, Chennai - 600 032.
2. The Pharmacy Council Of India, Represented by its 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, Represented by its Secretary, Health And Family Welfare Department, Fort St. George, Chennai -600 009.
4/5
S.M.SUBRAMANIAM . J., (sha) 29.04.2024 5/5