VidhiSangh

Supreme Court of India · 05/03/2020

THE PHARMACY COUNCIL OF INDIA versus DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND ORS. ETC.

[2020] 5 S.C.R. 718 · 2020 INSC 276

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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 The specialised statutory framework was not impliedly repealed by the later general technical-education law.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

  1. Which regulator’s norms prevailed for pharmacy degrees, diplomas and intake capacity.
  2. Whether the later AICTE Act impliedly repealed the Pharmacy Act’s specialised framework.
  3. How existing students and pending institutional applications should be treated.

Held

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.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 718.