VidhiSangh

Supreme Court of India · 15/09/2022

PHARMACY COUNCIL OF INDIA versus RAJEEV COLLEGE OF PHARMACY AND ORS.

[2022] 12 S.C.R. 61 · 2022 INSC 965

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Summary

By resolutions of July and September 2019, the Central Council of the Pharmacy Council of India imposed a five-year moratorium, from 2020–21, on opening new D.Pharm and B.Pharm colleges. Government institutions, the North-East and States with fewer than 50 institutions were exempted. The High Courts of Karnataka, Delhi and Chhattisgarh quashed the moratorium. The Supreme Court dismissed PCI's appeals. Establishing an educational institution is a fundamental right under Article 19(1)(g), and reasonable restrictions under Article 19(6) can be imposed only by law, not by executive instruction. PCI, a statutory body, conceded that it acted by resolution rather than by a regulation under Sections 10 and 18 of the Pharmacy Act, 1948, and the Act confers no power to impose such a ban. The contrary Bombay High Court view was disapproved.

Issues

  1. Whether the Pharmacy Council of India could impose a five-year moratorium on new pharmacy colleges by a resolution of its Central Council
  2. Whether a restriction on the fundamental right under Article 19(1)(g) to establish educational institutions can be imposed by executive instruction rather than by law

Provisions considered

Held

Result

PCI's appeals dismissed and the writ petitions disposed of in those terms; the appeal of Shaheed Teg Bahadur College of Pharmacy was disposed of as infructuous; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 61.