Shri Kashi Chandra Dev Yadav Pharmay College, Azamgarh Thru. Chairman Chandra Dev Ram Yadav v. State of U.P. Thru. Prin. Secy., Deptt. of Technical Education, Lucknow and Others

Allahabad HC5 Dec 2024WRIC/2340/2024

Case brief

AI extract

What is this about?

Pharmacy college challenged State Government's conditional temporary affiliation order barring direct Management Quota admissions for 2023-24, arguing PCI approval had been timely communicated to the University. Judge found submissions prima facie persuasive, called for counter affidavits, and issued interim directions allowing enrolled students to pay examination fees and sit the first year exami

What did the court decide?

Interim: opposite parties directed to permit enrolled B Pharma students (2023-24) to deposit examination fees and participate in the first year University examination; four weeks granted to file count

Shri Kashi Chandra Dev Yadav Pharmay College… — Education and Admissions | Allahabad HC (2024)

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Court No. - 17

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Case :- WRIT - C No. - 2340 of 2024

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Petitioner :- Shri Kashi Chandra Dev Yadav Pharmay College, Azamgarh Thru. Chairman Chandra Dev Ram Yadav Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Technical Education, Lucknow And Others Counsel for Petitioner :- Ajay Pratap Singh

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Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party no.1, Mr. Atul Kumar Dwivedi, learned counsel for opposite party no.2 and Mr. Ravi Singh, learned counsel for opposite party no.3.

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Petition has been filed challenging order dated 29.11.2023 issued by the State Government granting temporary affiliation to the petitioner with the Dr. APJ Abdul Kalam Technical University on the condition that no admissions will be made by the Institute under the Management Quota on their own for the first year B Pharma Course for the Academic Session 20232024.

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It has been submitted that petitioner's Institution was earlier accorded approval by the Pharmacy Council of India due to which petitioner was granted affiliation with the aforesaid University but since the same was expiring, an application for extension of approval for the Academic Session 2023-2024 was filed by the petitioner's Institution on which the Pharmacy Council of India granted its approval vide order dated 04.05.2023. It is submitted that the letter itself indicates that a copy of the approval order was being sent to the Registrar of the University concerned.

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It is submitted that however when petitioner made an application for extension of affiliation, the same was referred to

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the State Government who has thereafter passed the impugned order only on the ground that the approval accorded by PCI was submitted belatedly by the petitioner due to which it deliberately avoided participation in the counselling and is now seeking to fill its vacant seats under the Management Quota directly without participation in the counselling process.

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It has been submitted that once the PCI in its approval order dated 04.05.2023 has already sent a copy of the approval order to the University concerned, the fact as to when the petitioner submitted hard copy of the same become irrelevant since it was only for the purposes of information of the University concerned.

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It is submitted that the material on record and impugned orders also do not deny the fact that the PCI itself sent a copy of the approval letter dated 04.05.2023 on the very same date and in pursuance thereof, application for extension of affiliation was also submitted by the petitioner on 11.05.2023. It is submitted that in the meantime since no consequential orders were forthcoming from the opposite parties, the petitioner's Institution has admitted students in the B Pharma Course prior to November 2023 and classes have also commenced from 01.11.2023 but the said students are not being permitted to participate in the first year B Pharma Examination to be conducted by the University.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file counter affidavit.

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Connect and list with WRIT - C No. - 1321 of 2024.

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In the meantime, opposite parties are directed to permit students of the petitioner's Institution enrolled in the B Pharma

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Course for the Academic Sessions 2023-2024 to deposit their Examination Fee online Portal of the University and to permit them to participate in the first year examination.

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Order Date :- 7.3.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Shri Kashi Chandra Dev Yadav Pharmay College, Azamgarh Thru. Chairman Chandra Dev Ram Yadav v. State of U.P. Thru. Prin. Secy., Deptt. of Technical Education, Lucknow and Others

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Shri Kashi Chandra Dev Yadav Pharmay College, Azamgarh Thru. Chairman Chandra Dev Ram Yadav v. State of U.P. Thru. Prin. Secy., Deptt. of Technical Education, Lucknow and Others

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