Immanuel Arasar Inter.Insti.Of v. The Member Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.11798 & 11799 of 2019 and W.M.P.(MD)No.2473 of 2020 Immanuel Arasar International Institute of Science and Technology Educational Chartibale Trust, Rep. by its Founder Trustee Mr.Sam G.Jebajoselin, S.G.Hospital, Pammam, Old Theatre Junction, Marthandam, Kanyakumari District.

Established and Administering Immanuel Arasar J.J.College of Engineering Marthandam, Kanyakumari District.

... Petitioner Vs.

1.The Member Secretary, All India Council for Technical Education (AICTE) Nelson Mandela Marg Vasanth Kunj, New Delhi-110 067.

2.The Regional Officer, Southern Regional Office AICTE, Shastri Bhavan, 26 Haddows Road, Nungambakkam, Chennai-600 006.

3.The Pharmachy Council of India, Represented by the Secretary cum Registrar Combined Council Building 1/5

Temple Lane, Kotla Road, Aiwan-E-GHALIE Marg, Post Box No.7020 New Delhi-110 002.

4.The Registrar, Tamil Nadu Dr.MGR Medical University, 69, Anna Salai, Guindy, Chennai-600 032.

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

6.The Secretary, Selection Committee Directorate of Medical Education Campus, Kilpauk, Chennai-600 010.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Lr.No.AICTE/AB/SR/1 -12822363 / 2019-20 dated 14.06.2019 passed by the 1st respondent AICTE and the consequential impugned order in F.No.SRO /1-4261031796 / 2019-20 / 439, dated 21.06.2019 passed by the 2nd respondent, quash the same and direct the 1st respondent AICTE to grant approval to the petitioner College for B.Pharm. Degree course from the academic year 2019-20 onwards in accordance with law. For Petitioner : Mr.D.Prabhu Mukunth Arunkumar For R-1 & R-2 : Mr.N.Dilipkumar For R-4 : Mr.S.Ramesh For R-5 & R-6 : Mr.S.Shaji Bino, Special Government Pleader.

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ORDER

Heard the learned counsel on either side.

2. The petitioner questions the impugned decision taken by AICTE for not granting approval to the petitioner for starting B.Pharm. degree course.

3. When the matter was taken up for hearing, the learned Standing Counsel brought to my notice to the decision of the Hon'ble Apex Court reported in (2021) 10 SCC 657 (Pharmacy Council of India Vs. Dr.S.K.Toshniwal Educational Trusts Vidarbha Institute of Pharmacy & Ors. ).

4. AICTE has no longer any domain over the field of Pharmacy education. The determination is now left to the Pharmacy Council of India. The petitioner has to necessarily approach the Pharmacy Council of India. Therefore, nothing survives for further adjudication.

5. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 08.12.2022 Index : Yes / No Internet : Yes/ No 3/5

PMU To 1.The Director of Medical Education, Directorate of Medical Education Campus, Kilpauk, Chennai-600 010.

2.The Secretary, Selection Committee Directorate of Medical Education Campus, Kilpauk, Chennai-600 010.

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G.R.SWAMINATHAN, J.

PMU 08.12.2022 5/5