Summary
The Supreme Court held that the Pharmacy Act and PCI’s norms govern pharmacy education, recognition and student intake over conflicting AICTE permissions. The specialised statutory framework was not impliedly repealed by the later general technical-education law. Students already admitted under the specified judicial orders were protected and entitled to consequential registration. Pending and future approvals had to follow PCI requirements, with affected institutions directed to submit fresh applications.
Issues
- Which regulator’s norms prevailed for pharmacy degrees, diplomas and intake capacity.
- Whether the later AICTE Act impliedly repealed the Pharmacy Act’s specialised framework.
- How existing students and pending institutional applications should be treated.
Held
- The Pharmacy Act forms a complete specialised framework connecting educational standards, course and examination approval, registration, higher qualifications and professional discipline. PCI’s expert composition and integrated role supported its authority over pharmacy education. (¶¶ 13, 13.1, 13.2, 16, 16.1, 17)
- The later general technical-education statute did not impliedly repeal that specialised law merely by including pharmacy in its definition. Neither express repeal nor an intention displacing the earlier framework was established, and Article 372 did not produce a contrary result. (¶¶ 14, 14.1, 14.2, 14.3, 14.4, 14.5, 15, 19)
- Institutions awarding pharmacy degrees and diplomas must follow PCI and other authorities specified under the Pharmacy Act. PCI’s decisions govern increases or decreases in intake, rather than inconsistent AICTE approvals. (¶¶ 18, 21)
- The judgment did not disturb the specified students already admitted to increased intake under interim orders of the Supreme Court or interim or final orders of the High Courts. PCI was directed to provide consequential registration benefits to those students. (¶ 22)
- Pending applications for recognition, course approval or increased intake must be considered under the Pharmacy Act and PCI norms. Institutions whose AICTE-approved increases lacked PCI approval were to apply afresh within four weeks for the next academic year, including for evening shifts, with PCI deciding according to its governing law and norms. (¶ 22)
Result
Transferred cases, appeals and writ petitions disposed of with PCI’s governing authority affirmed, protection and registration directions for the specified existing students, and fresh-application directions for affected institutions.