Summary
On the particular uncontested facts, the University was directed to affiliate two pharmacy colleges for 2020–21 and permit their students to take special examinations. PCI approval, successful challenges to the State’s district-based restriction and subsequent State conditional affiliation supported relief. The Court applied the governing precedent on PCI norms without treating PCI approval alone as dispensing with every affiliation requirement.
Issues
- Whether the colleges should receive affiliation and access to special examinations for 2020–21 in light of approvals and earlier court orders.
Held
- PCI had approved the two colleges with respective intakes of 100 and 60, subject to the stated affiliation and State requirements. Their challenges to the State policy restricting pharmacy colleges to two per district had succeeded, and the State subsequently granted conditional affiliation after committee recommendations. (¶¶ 2-4, 7, 10)
- The Court relied on Dr. S.K. Toshiwal’s holding that the Pharmacy Act and PCI norms govern pharmacy recognition and intake. In the peculiar circumstances, especially the University’s failure to controvert the colleges’ affidavit averments, relief was warranted. (¶ 9-10)
- The University had to grant affiliation for the 2020–21 academic year and allow the students to participate in the special examinations organised in view of the State notification dated 19 March 2021. The relief was tied to this academic year and factual setting. (¶ 11-12)
Result
Writ petition allowed; University directed to grant 2020–21 affiliation to both colleges and permit their students to take the corresponding special examinations.