Disposed

Raos College of Pharmacy v. the Union of India

Andhra Pradesh HC21 Mar 2024WP/4861/2023

Case brief

AI extract

What is this about?

A pharmacy college challenged Pharmacy Council of India notifications dated 02.02.2023 and 08.02.2023 imposing higher security deposits and education regulatory charges. Interim suspension had been granted on 27.02.2023; counsel submitted the cause did not survive. The Court recorded the submission and closed the writ petition without costs.

What the court decided

AI extract

Raos College of Pharmacy Vs the Union of India — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSANDAND TWENTYFOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 4861 OF 2023

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Between:

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Rao’s College Of Pharmacy, Rep by its Correspondent Smt. Y. Krishnaveni Chumudugunta Post and Village, Venkatachalam Mandal, Nellore District Andhra Pradesh - 524320

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...PETITIONER '

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AND

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The Union of India, Ministry of Health and Family Welfare Department, Higher Education, Nirman Bhavan, New Delhi-110011 Represented by its Principal Secretary

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Pharmacy Council of India, NBCC Centre, 3rd Floor, Plot No.2, Community Centre, Maa Anandamai Marg, Okhia Phase-1, New Delhi^- 110020 Represented by its President.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in issuing

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■4.

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Notifications dated 02.02.2023 and 08.02.2023 vide Reference Nos. 145U/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 and 1456/2022-PCI (Approval Process for 2022-23 a.s)/17710 respectively, whereby and whereunder the 2nd Respondent Pharmacy^{CouncilofIndia} , •* - insisting for payment of exorbitant amount towards Security Deposit from ♦ \the Institutions imparting Pharmacy Courses and further enhancing the fee structure by about lOOpercent and for Pharma-D about 600percent from the existing fee structure without any rationale or reason as being illegal, arbitrary violating Articles 14 and 19 (1) (g) of the Constitution of India apart from being in contravention of the Pharmacy Act or the Regulation framed thereunder and also in violation of the guidelines of the Pharmacy Council of India and consequently set aside the same.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Operation and execution of the Impugned Notifications issued by the 2nd Respondent dated 02-02-2023^and08-02- 2023 bearing Reference Nos. 14-56/2022-PCI (Approval^{Processfor2022-} 23 a.s)/17462-64 and 14-56/2022-PCI (Approval Process for 2022-23 a.s)/17710 respectively, pending Writ Petition, in the interest of justice. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent Pharmacy Council of India not to insist for the revised fee schedule or Security Deposit pursuant to the Notifications dated 02.02.2023 and 08.02.2023 vide Reference Nos. 1456/2022-PCI (Approval - Process for 2022-23 a.s)/17462-64 and 14-

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56/2022-PCI (Approval Process for 2022-23 a.s)/17710^respectively issued by it, pending Writ Petition, in the interest of justice.

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Counsel for the Petitioner(s): SRI. SRI VIJAY MATHUKUMILLI

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Counsel for the Respondents: SRI VENNA HEMANTH KUMAR{CENTRAL GOVERNMENT COUNSEL)

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.4861 of 2023

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ORDER;

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This writ petition is filed under Article 226 of the Constitution of India seeking the following relief

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“....to issue an appropriate writ more in the nature^of Writ of Mandamus declaring the action of the 2nd Respondent in issuing Notifications dated 02.02.2023 and 08.02.2023 vide Reference Nos.1456/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 and 14-56/2022-PCI (Approval Process for 2022-23 a.s)/17710 respectively. whereby and whereunder the 2'^‘^ Respondent Pharmacy Council of India is insisting for payment^of exorbitant amount towards Security Deposit from the Institutions imparting Pharmacy Courses and further enhancing the Pharma Education Regulatory Charges by about 100% and for Pharma-D about 600% from the existing fee without any rationale or reason as being illegal, arbitrary, violating Articles 14 & 19⁽¹⁾ (g) of the Constitution of India apart from being in contravention of the Pharmacy Act or the Regulation framed thereunder and also in violation of the guidelines of the Pharmacy Council of India and consequently set aside the same ”

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for admission on 2. When the matter came up

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27.02.2023, this Court passed the following interim^order:

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“....Therefore, in the said facts and circumstances^of the case, there shall be interim suspension of the impugned Notifications issued by the 2nd respondentpharmacy Council of India dated 02-02-2023 and 08-02-2023 bearing Reference Nos. 14-56/2022-PCI (Approval Process for 2022-23 a.s)/17462-64 and

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14-56/2022-PCI (Approval Process for 2022-23 a. s/17710 respectively, till the next date of hearing.

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Till the controversy in this regard is decided after learned Standing Counsel for Central Government obtains instructions and makes his submissions, the 2nd respondent is directed to consider and process^the application submitted by the petitioner for payment of necessary fee as per the proceedings dated 04-5-2018. The said payment is subject to the outcome of the result of the main writ petition. ”

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Learned counsel for the petitioner submitted that in

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pursuance of the interim order dated 27.02.2023 granted by

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this Court, the cause in the writ petition does not survive.

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Recording the above submission, the cause in the writ petition does not survive for further adjudication.

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Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any,

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shall also stand closed.

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SD/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// AS SECTION OFFICER

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To,

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One CC to SRI SRIVIJAY MATHUKUMILLI Advocate [OPUC]

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One CC to SRI VENNA HEMANTH KUMAR (CENTRAL GOVERNMENT COUNSEL) Advocate [OPUC

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Three CD Copies

HIGH COURT

DATED:22/03/2024

ORDER

WP.No.4861 of 2023

ANOH^
5 1 3 DEC 202‘»
\o_
. Current Section

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CLOSING THE WP WITHOUT COSTS

Raos College of Pharmacy v. the Union of India

Case brief

What is this about?

What the court decided

Raos College of Pharmacy v. the Union of India

Case brief

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What the court decided

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