Supreme Court Directs Affiliation for Pharmacy Colleges: A Victory for Students
The case of Sri Sai RR Institute of Pharmacy & Shri Badrinath College of Pharmacy v. Dr. A.P.J. Abdul Kalam Technical University revolved around the denial of affiliation by the university to the petitioner colleges despite government approval. The Supreme Court’s ruling in this case was a significant step in ensuring that students are not deprived of their right to education due to administrative hurdles.
Background of the Case
The petitioners, Sri Sai RR Institute of Pharmacy and Shri Badrinath College of Pharmacy, sought directions against Dr. A.P.J. Abdul Kalam Technical University (the respondent) to comply with the state government’s notification dated March 19, 2021. The notification granted conditional affiliation to these institutions for the academic year 2020-21.
The petitioners also requested that the university conduct special examinations for Bachelor of Pharmacy (B. Pharma) students of their institutions, allowing them to participate despite the affiliation dispute.
University’s Objection
The university contended that the cases of these colleges were different from a prior case (VIIT Pharmacy College v. Dr. A.P.J. Abdul Kalam Technical University), as Shri Badrinath College of Pharmacy had not participated in the counseling process. Additionally, the university argued that a similar petition was pending before the High Court regarding Shri Badrinath College of Pharmacy.
Supreme Court’s Observations
The Court noted that the facts of the present petitions were nearly identical to those in VIIT Pharmacy College v. Dr. A.P.J. Abdul Kalam Technical University, which had been decided in favor of the petitioner colleges.
It further observed that the university had denied affiliation solely on the ground that the timeline prescribed by the All India Council for Technical Education (AICTE) had lapsed. However, the Court found that the state government, through its notification, had granted conditional affiliation after reviewing recommendations by the Affiliation Committee.
Key Argument by the Court
The Court referred to its earlier ruling in Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy, where it was held:
“In the field of Pharmacy Education and more particularly so far as the recognition of degrees and diplomas of Pharmacy Education is concerned, the Pharmacy Act, 1948 shall prevail. The norms and regulations set by the PCI and other specified authorities under the Pharmacy Act would have to be followed by the concerned institutions imparting education for degrees and diplomas in Pharmacy, including the norms and regulations with respect to increase and/or decrease in intake capacity of the students and the decisions of the PCI shall only be followed by the institutions imparting degrees and diplomas in Pharmacy.”
The Court emphasized that in the present case, the Pharmacy Council of India (PCI) had granted approval to both petitioner colleges on April 10, 2021, with an intake capacity of 60 students each.
Supreme Court’s Ruling
The Supreme Court found that the petitioners had a legitimate claim, given that:
- The PCI had granted approval to both colleges.
- The state government had provided conditional affiliation.
- Similar cases had already been ruled in favor of colleges under comparable circumstances.
The Court directed the university to grant affiliation to the petitioner colleges for the academic year 2020-21 and allow their students to participate in special examinations.
Conclusion
This ruling serves as a reminder that administrative delays and procedural roadblocks cannot override the fundamental right to education. The Supreme Court’s decision reinforced the importance of PCI’s regulatory authority and upheld the students’ right to continue their education.
Petitioner Name: Sri Sai RR Institute of Pharmacy & Shri Badrinath College of Pharmacy.Respondent Name: Dr. A.P.J. Abdul Kalam Technical University.Judgment By: Justice R.F. Nariman, Justice K.M. Joseph, Justice B.R. Gavai.Place Of Incident: Uttar Pradesh.Judgment Date: 06-07-2021.
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