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Madras High CourtWP/1677/2016disposed of

Fathima College Of Pharmacy v. The Pharmacy Council Of India

2016-01-29Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.1677 of 2016 and W.M.P.Nos.1457 & 1458 of 2016 Fathima College of Pharmacy rep. by its Managing Trustee Mr.Ravi @ Mohideen Basha, 103, Main Road, Krishnapuram, Kadayanallur, Tirunelveli District.

... Petitioner Vs.

1.The Pharmacy Council of India, rep. by its Registrar & Secretary, combined Councils Buildings, Kotla Road, Aiwan E Ghalib Marg, Post Box No.7020, New Delhi-110 012.

2.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Guindy, Chennai-600 032.

... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus, to call for the records of the first respondent, relating to the proceedings reference No.32-144/2014-PCI/36258-61 dated 06.11.2015, to quash the same, and further to direct the first respondent to issue the order of continuation of approval to the petitioner college for the academic year 2014-15 & 2015-16. For Petitioner : Mr.S.Senthil Nathan For Respondent-1 : Mr.Haja Mohideen Gisthi For Respondent-2 : Mr.P.Sanjay Gandhi, AGP

O R D E R

The petitioner is a Pharmacy College. By the order impugned, a decision was made to have a surprise inspection to the petitioner's college. There is no dispute that the first respondent has jurisdiction to do so. There is no basis to maintain this Writ Petition.

2.Heard the learned counsel appearing for the parties. 3.The learned counsel for the petitioner submitted that examinations are scheduled to be held from 01.02.2016 onwards and he also submitted that there is complete compliance. 4.The learned counsel for the first respondent submitted that the petitioner is not co-operating for inspection. 5.Unfortunately, the students have completed the year and awaiting the examinations. Therefore, this Court is inclined to pass an order, permitting the students to write the examinations from 01.02.2016 onwards. However, the results shall not be published until and unless the first respondent satisfies the compliance at the hands of the petitioner.

The first respondent shall make surprise inspection without notice to the petitioner, within a period of four weeks from the date of receipt of a copy of this order and thereafter, final orders have to be passed within a period of four weeks. While passing final orders, it is for the first respondent to decide whether to publish the results or not. It is also made clear that if the petitioner fails to co-operate with the first respondent during the surprise inspection as aforesaid, then appropriate orders can be passed as indicated above.

6.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petitions are also closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Pharmacy Council of India, rep. by its Registrar & Secretary, combined Councils Buildings, Kotla Road, Aiwan E Ghalib Marg, Post Box No.7020, New Delhi-110 012.

2.The Registrar, Tamil Nadu Dr.M.G.R. Medical University, No.69, Anna Salai, Guindy, Guindy, Chennai-600 032.

+1 cc to Mr.S.Senthilnathan Advocate sr.5540 W.P.No.1677 of 2016 and WMP.Nos.1457 & 1458 of 2016 ev(co) aa29/01/2016