The Pharmacy Council of India, v. Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences

Kerala HC15 Feb 2023RP/81/2023

Case brief

AI extract

What is this about?

The court closed two review petitions (R.P. 81 & 82/2023) challenging judgments against the Pharmacy Council of India (PCI). The petitioners argued PCI must consider affiliation applications within a shorter timeframe. The court noted PCI had issued new orders rejecting the petitions and closed the review matters, reserving full liberty for the petitioners to challenge the new orders via appropria

What did the court decide?

Review petitions closed; liberty reserved to challenge the new orders issued by PCI through appropriate remedies.

The Pharmacy Council of India, Vs Mgm… — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 15^TH DAY OF FEBRUARY 2023 / 26TH MAGHA,

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1944

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RP NO. 82 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 38755/2022 OF HIGH COURT

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OF KERALA

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REVIEW PETITIONERS/RESPONDENTS 1 AND 2:

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1 THE PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL'S BUILDING TEMPLE LANE, ROTLE, NEW DELHI REPRESENTED BY ITS REGISTRAR., PIN - 110002

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2 THE APPELLATE AUTHORITY PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL'S BUILDING TEMPLE LANE, ROTLE, NEW DELHI, REPRESENTED BY ITS REGISTRAR CUM SECRETARY., PIN - 110002

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BY ADV S.MANU

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RESPONDENTS/PETITIONER/RESPONDENTS 3 TO 4:

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1 COCHIN COLLEGE OF ENGINEERING AND TECHNOLOGY ATHIPPATTA, EDAYUR P.O, VALANCHERY VIA, MALAPPURAM, PIN , REP BY ITS EXECUTIVE DIRECTOR., PIN - 676552

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2 THE DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN - 695011

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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BY ADV GEORGE POONTHOTTAM (SR.)

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S.GOPINADHAN -SR.GP

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R.P.NOS.81 & 82 OF 2023

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.02.2023, ALONG WITH RP.81/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.P.NOS.81 & 82 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 15^TH DAY OF FEBRUARY 2023 / 26TH MAGHA,

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1944

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RP NO. 81 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 38790/2022 OF HIGH COURT

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OF KERALA

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REVIEW PETITIONERS/RESPONDENTS 1 & 2:

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1 THE PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL'S BUILDING TEMPLE LANE, ROTLE, NEW DELHI, REPRESENTED BY ITS REGISTRAR., PIN - 110002

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2 THE APPELLATE AUTHORITY, PHARMACY COUNCIL OF INDIA, COMBINES COUNCIL'S BUILDING TEMPLE LANE, ROTLE, NEW DELHI, REPRESENTED BY ITS REGISTRAR CUM SECRETARY., PIN - 110002

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BY ADV S.MANU

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RESPONDENTS/PETITIONER/RESPONDENTS 3 TO 4:

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1 MGM SILVER JUBILEE COLLEGE OF POLYTECHNIC AND PHARMACEUTICAL SCIENCES PAMPAKUDA, ERNAKULAM DISTRICT, REPRESENTED BY ITS EXECUTIVE DIRECTOR., PIN - 686667

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2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE, KUMARAPURAM ROAD, CHALAKKUZHI, THIRUVANANTHAPURAM, PIN - 695011

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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BY ADV GEORGE POONTHOTTAM (SR.)

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SRI.S.GOPINADHAN – SR.G.P

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.02.2023, ALONG WITH RP.82/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.P.NOS.81 & 82 OF 2023

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O R D E R

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These petitions, seeking review of the judgment of this Court dated 08.12.2022, are impelled on the assertion that the Pharmacy Council of India (PCI) is obligated to consider their applications for affiliation, within a time frame shorter than what has been fixed.

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These matters have been listed several times before this Court in the past and certain orders were also issued, directing the PCI to consider the applications of the petitioners. Though they had initially expressed their inability even to issue formal orders, when this matter was called on 08.02.2023, it was submitted that orders had been issued; however, rejecting the petitioners requests.

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It is thus listed today for the PCI to make certain corrections to the new orders; and they have also been produced on record.

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Smt.Ann Maria Francis – learned counsel for the petitioners, submitted that if this Court is not inclined to go into the merits of the new orders issued by the PCI, then liberty be reserved to her clients to challenge it appositely.

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R.P.NOS.81 & 82 OF 2023

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Obviously, now that the PCI has issued orders, it is upto the petitioners to invoke remedies against them, as are available; for which purpose, certainly the permission of this Court is not necessary.

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Resultantly, and recording that the PCI has issued orders on the applications of the petitioners, I close these Review Petitions; however, leaving full liberty to them to invoke any remedy against such; for which purpose, all contentions are left open.

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Sd/-DEVAN RAMACHANDRAN, JUDGE

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lsn

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R.P.NOS.81 & 82 OF 2023

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APPENDIX OF RP 81/2023

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PETITIONER ANNEXURES

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Annexure A1(a) True copy of the order of the Hon'ble Supreme Court in Misc. Application No.2174 of 2022 in C.A No.9048 of 2012 dt 16.12.22

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Annexure A1(b) True copy of the order in M.A Diary number No 1152/2023 of the Supreme Court of India dated 10.01.2023 Annexure A1(c) The copy of the order in M.A Diary number No 553 of 2023 in CA No. 9048 of 2012of the Hon'ble Supreme Court dated 09.01.2023

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Annexure A1(d) The copy of the order in WPC No. 888 of 2022 of the Hon'ble Supreme Court dated 21.10.2022 RESPONDENTS ANNECXURES

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Annexure R1(e)	True copy of the circular No.14-
	443/2022-PCI(appeal process 2022-
	2023/14367 dated 22.10.2022
Annexure R1(f)	True copy of the circular No.14-
	443/2022-PCI(appeal process 2022-
	2023/14705-09 dated 03.11.2022

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TRUE COPY

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P.A TO JUDGE

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LSN

The Pharmacy Council of India, v. Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences

Case brief

What is this about?

What did the court decide?

The Pharmacy Council of India, v. Mgm Silver Jubilee College of Polytechnic and Pharmaceutical Sciences

Case brief

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