Disposed

Asha Pharmacy College, Varanasi Thru. Chairmain Sushant Narayan Singh v. State of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. of Technical Education, Lucknow and Others

Allahabad HC16 Jan 2025WRIC/10031/2024

Case brief

AI extract

What is this about?

A pharmacy college challenged a memorandum requiring re-application for a State no objection certificate after its application for conducting M.Pharm courses was disapproved by the Pharmacy Council of India for failure to submit consent of the examining authority. The court granted liberty to pursue a fresh application and directed expeditious consideration, disposing of the petition.

What did the court decide?

Liberty to petitioner to pursue fresh no objection certificate; State directed to consider and decide expeditiously in accordance with law.

Asha Pharmacy College, Varanasi Thru. Chairmain… — Education and Admissions | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:2826

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Court No. - 19

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Case :- WRIT - C No. - 10031 of 2024

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Petitioner :- Asha Pharmacy College, Varanasi Thru. Chairmain Sushant Narayan Singh Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. Of Technical Education, Lucknow And Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Aditya Vikram Singh,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 for opposite party No.1, Mr. Ravi Singh learned counsel for opposite party No.2 and Mr. Aditya Vikram Singh learned counsel for opposite party No.3.

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Petition has been filed challenging office memorandum dated 24th January, 2024 pertaining to reapplying for no objection certificate from the State Government pertaining to those institutions who have already applied for the same in terms of the office memorandum dated 27th June, 2023. Further prayer for a direction to opposite parties to consider petitioner's application for no objection certificate and for opening of portal has also been made.

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On 9th January, 2025 following order had been passed:-

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"Heard learned counsel for petitioner, learned State Counsel for opposite party No.1, Mr. Ravi Singh learned counsel for opposite party No.2 and Mr. Aditya Vikram Singh learned counsel for opposite party No.3.

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Petition has been filed challenging office memorandum dated 24th January, 2024 so far as it relates to re-application for grant of no objection certificate pertaining to those institutions who have already applied in pursuance of the earlier office memorandum dated 27th June, 2023. Concomitant prayers have also been made.

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Learned counsel for opposite parties on the basis of instructions submit that the aforesaid application for grant of no objection certificate by the State Government is only for the purposes of approval and even otherwise to be issued by the Pharmacy Council of India and in the present case, the Pharmacy Council of India has not approved the application of petitioner institution.

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However it appears from the record that reasons for non approval have not been indicated.

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In view of aforesaid, list this case on 16th January, 2025 as fresh in order to enable learned counsel for Pharmacy Counsel for India to obtain reasons as to why the application of petitioner institution has not been

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approved."

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In pursuance of the said directions, written instructions have been provided to learned counsel for opposite party No.2, copy of which is taken on record and as per which petitioner's application for conducting M-Pharma Course for which academic year 2024-25 has been disapproved on the ground that the institution failed to submit the consent of examining authority for the aforesaid academic session.

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Upon consideration of submissions advanced by learned counsel for parties, it is evident that petitioner's application pertaining to conduct of classes for academic year 2024-25 in terms of office memorandum dated 27th June, 2023 stands disapproved by the Pharmacy Council of India leaving it no other option but to apply afresh for no objection certificate to be issued by the State Government.

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In view thereof, liberty is granted to petitioner to pursue for issuance of no objection certificate by the State Government which may be considered and decided expeditiously in accordance with law.

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With aforesaid directions, the petition stands disposed of.

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Order Date :- 16.1.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Asha Pharmacy College, Varanasi Thru. Chairmain Sushant Narayan Singh v. State of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. of Technical Education, Lucknow and Others

Case brief

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Asha Pharmacy College, Varanasi Thru. Chairmain Sushant Narayan Singh v. State of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. of Technical Education, Lucknow and Others

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