Allowed

Shri Sai Pharmacy College, Deurijhal Nandini v. Pharmacy Council of India

Chhattisgarh HC6 Jul 2022WPC/131/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of two identical writ petitions challenging Pharmacy Council of India resolutions imposing a five-year moratorium on pharmacy colleges. The Court relied on a previous identical judgment.

What did the court decide?

The writ petitions were allowed and the Pharmacy Council of India resolutions dated 17.07.2019 and 09.09.2019 were quashed and set aside.

Shri Sai Pharmacy College, Deurijhal… — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 131 of 2022

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Shri Sai Pharmacy College, Deurijhal Nandini Durg, Through Its Chairman Smt. Sarita Vishwakarma, Aged About 50 Years, R/o Ward No. 3c, Street 75 Sector -6, Bhilai, District Durg Chhattisgarh

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G. P. Gupta Pharmacy College, Rahod Janjgir Champa, Through Its Secretary, Santosh Kumar Gupta S/o Dr. Geeta Prasad Gupta, Aged About 51 Years, R/o Ward No. 2, Main Road Nagar Panchayat Rahod, Tahsil Pamgarh, District Janjgir Champa Chhattisgarh

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Sonkar Pharmacy College, Raipur Road, Mungeli Through Its Secretary, Shiv Aashish Sonkar, S/o Santulal Sonkar, Aged About 32 Years, R/o Sonkar Plaza, Gandhi Ward Mungeli, District Mungeli Chhattisgarh

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Chhattisgarh Pharmacy College, Dhanora, Durg, Through Its Secretary, Nalin Kumar Lunia S/o D. C. Lunia, Aged About 49 Years, R/o Dhanora, District Durg Chhattisgarh

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---- Petitioner

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Versus

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Pharmacy Council Of India Through Its Registrar Cum Secretary, Nbcc Centre, 3rd Floor Plot No. 02, Community Centre, Maa Anandamai Marg, Okhla Phase-1, Lanmark (Near Hotel Crowne Plaza), New Delhi

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Chhattisgarh Swami Vivekanand Technical University, Bhilai, District Durg Chhattisgarh

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State Of Chhattisgarh Through Secretary, Technicial Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh

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---- Respondent

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WPC No. 2900 of 2022

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V.M. College Of Pharmacy Vishrampur Through Its President, Vijay Raj Agrawal, S/o Rambilas Agrawal, Aged About 54 Years, R/o In Front Of Jai Nagar Police Station, Vishrampur, District : Surajpur, Chhattisgarh

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---- Petitioner

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Versus

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Pharmacy Council Of India Through Its Registrar Cum Secretary, Nbcc Centre, 3rd Floor Plot No. 2, Community Centre, Maa Anandamai Marg, Okhla Phase - 1, Lanmark (Near Hotel Crowne Plaza), New Delhi.

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Chhattisgarh Swami Vivekanand Technical University Bhilai, District : Durg, Chhattisgarh

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State Of Chhattisgarh Through Secretary, Technical Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh

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---- Respondent

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For Petitioner	:	Mr. C. Jayant K. Rao, Advocate
For Respondent No.1	:	Mr. Ramakant Mishra, Asstt.S.G. with Ms. Supriya Upasane, Advocate
Fro State	:	Mr. Rahul Jha, Govt. Advocate
		Mr. Aditya Bhardwaj, Panel Lawyer

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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06/07/2022

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The challenge in these two writ petitions are the two resolutions passed by the Pharmacy Council of India (PCI) dated 17.07.2019 and 09.09.2019. Vide the said two resolutions the PCI had imposed a moratorium in establishing new colleges imparting courses of B. Pharma and D. Pharma for a period of 5 years.

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An identical issue already stands decided by this Court in WPC No. 3766/2021 decided on 22.04.2022. Vide the said judgment this Court had while allowing the writ petition had quashed the two resolutions dated 17.07.2019 and 09.09.2019 passed by the PCI.

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Given the fact that this Court had already decided an identical writ petition on identical set of facts, in the opinion of this Court the instant two writ petitions also since they are factually identical, can also be disposed of in terms of the order passed by this Court in WPC No. 3766/2021, decided on 22.04.2022.

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In view of the same the instant two writ petitions also stand allowed in terms of the judgment of this Court rendered in WPC No. 3766/2021 and as a consequence the two resolutions dated 17.07.2019 and 09.09.2019 stands quashed and set-aside.

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Sd/- (P. Sam Koshy) Judge

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Ved

Shri Sai Pharmacy College, Deurijhal Nandini v. Pharmacy Council of India

Case brief

What is this about?

What did the court decide?

Shri Sai Pharmacy College, Deurijhal Nandini v. Pharmacy Council of India

Case brief

What is this about?

What did the court decide?

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