Petitioners challenged Pharmacy Council of India Notifications imposing fees and security deposits. Petitioners later submitted that the cause does not survive after interim orders, leading the Court to close the writ petition without adjudication on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATh
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SECOND DAY OF MARCH
THE TWENTY SECOND DAY OF MARCH ■t.
TWO THOUSAND AND TWENTY FOUR ^
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 6017 OF 2023
Between:
...PETITIONERS
AND
...RESPONDENTS
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 2 nd Respondent in issuing Notifications dated 02.02.2023 and 08.02.2023 videReference Nos. 1456/2022-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 where under the 2"'^ Respondent PharmacyCouncilofIndia is insisting for payment of exorbitant amount towardsSecurityDepositfrom the Institutions imparting Pharmacy Courses and furtherenhancingthefee structure by about 100% and for Pharma-D about 600%fromtheexisting fee structure without any rationale or reason as being illegal, arbitrary violating Articles 14 & 19 (1) (g) of the ConstitutionofIndiaapartfrom being in contravention of the Pharmacy Act or the Regulationframedthere under and also in violation of the guidelines of thePharmacyCouncilof India and consequently set aside the same and issuesuchotherwritor order or direction as deemed fit and proper in thecircumstancesofcase.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstances 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 2 nd Respondent dated 02-02-2023 and 08-022023 bearing Reference Nos. 14-56/2022-PCI (ApprovalProcessfor2022- 23 a.s)/ 17462-64 and 14-56/2022-PCI (Approval Process for 2022-23 a.s)/17710 respectively, pending Writ Petition, intheinterestofjustice.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the 2'^'^ 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 1456/2022-PCI (Approval Process for 2022-23 a.s)/ 17710 respectively issued by it, pending Writ Petition, in the interest of justice.
Counsel for the Petitioners: SRI SRI VIJAY MATHUKUMILLI
Counsel for the Respondent No.1: VENNA HEMANTH KUMAR (CENTRAL
GOVERNMENT COUNSEL)
Counsel for the Respondent No.2: SRI SRINIVASA RAO BODDULURI (SC
FOR PHARMACY COUNSEL OF INDIA)
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6017 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
“....to issue an appropriate writ more in the nature of Writ of Mandamus challenging the action of the 2"“^ 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....”
for admission on 2. When the matter came up 10.03.2023, this Court passed the following interim order.
“ .There shall be an interim suspension of the Impugned Notifications issued by the 2™^ respondentPharmacy Council of India dated 02.02.2023 and Nos. 14-56/2022-PCI 08.02.2023 bearing Reference (Approval Process for 2022-23 a.s}/ 17462-64 and 1456/2022-PCI (Approval Process for 2022-23 a.s)/17710
(
2
respectively, till the next date of hearing. Till the controversy in this regard is decided after learned Standing Counsel for Central Government obtains instructions and makes his submissions, the 2"^ respondent is directed to consider and process the application submitted by the writ petition for payment of necessary fee as per the proceedings dated 04.05.2018. The said payment is subject to the outcome of the result of the main writ petition. ”
- Learned counsel for the petitioners submitted that in pursuance of the interim order dated 10.03.2013 granted by this Court, the cause in the writ petition does not survive.
- Recording the above submission, the cause in the writ petition does not survive for further adjudication.
- Accordingly, the Writ Petition is closed. There shall be
no order as to costs.
As a sequel, miscellaneous applications pending, if any,
shall also stand closed.
To,
//TRUE COPY//
SDI- M.PRABHAKARA RAO ASSISTANT REGISTRAR
1 SECTION OFFICER
HIGH COURT
DATED:22/03/2024
ORDER
WP.No.6017 of 2023
CLOSING THE W.P
WITHOUT COSTS
Siddhartha Institute of Pharmaceutical Sciences
BA and BR College of Pharmacy
Union of India
Pharmacy Council of India
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
