IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.29275 – 29276/2019 (EDN-RES) BETWEEN :
1. ABHINAVA BHARATHI SHIKSHANA TRUST (R) 5TH CROSS, SHANKARANAGAR MANDYA DISTRICT-571 401 REP BY ITS SECRETARY 2. ABHINAVA BHARATHI COLLEGE OF PHARMACY 5TH CROSS, SHANKARANAGAR MANDYA DISTRICT-571 401 REP BY ITS PRINCIPAL ...PETITIONERS (BY SMT.SWAMINI G. MOHANAMBAL, ADV. FOR SRI SANDEEP S. PATIL, ADV.) AND :
1. THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION REP BY ITS CHAIRMAN NELSON MANDELA MARG VASANTH KUNG NEW DELHI-110067 2. THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION REGIONAL OFFICE REP BY ITS REGIONAL DIRECTOR & ASSISTANT DIRECTOR HEALTH CENTRE BUILDING BANGALORE UNIVERSITY CAMPUS BENGALURU-560 007 …RESPONDENTS (BY SRI VENKATASUBBA RAO, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AICTE TO GRANT THE LETTER OF APPROVAL TO THE PETITIONERS TO START THE BACHELORS DEGREE IN PHARMACY [B PHARMACY] UNDERGRADUATE COURSE FROM THE YEAR 2019-2020 AS PER THE CIRCULAR DATED 07.06.2019 ISSUED BY THE R-1 AND 2 AICTE [VIDE ANNEXURE-L].
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have sought for a direction to the respondents-AICTE to grant the letter of approval to the petitioners to start the Bachelor’s Degree in Pharmacy (B Pharmacy) Undergraduate Course from the year 2019-20 as per the Circular dated 07.06.2019 issued by the respondent Nos.1 and 2-AICTE and consider the representation dated 12.6.2019 submitted by them in terms of Annexure-A to the writ petitions.
2. The petitioner No.1 is claiming to be a duly registered Trust, whereas the petitioner No.2 is the Educational Institution imparting education in the Pharmacy Course established by the petitioner No.1-Trust. It is contended that the respondents-AICTE issued a public notice inviting applications from interested Institutions for according approval for Pharmacy Undergraduate Courses from the academic year 2019-20, pursuant to which the petitioners have submitted the application seeking for approval to start Bachelor’s Degree in Pharmacy (B Pharmacy) an Undergraduate course for the year 2019-20 through online paying the prescribed fee. The Expert Visit Committee of the respondents-AICTE has examined the documents and all the necessary infrastructural facilities required for the establishment of the new Institution as per the norms of the Council mentioned in the Approval Process Handbook 2019-20. A report is said to have been submitted in this regard by the Expert Visit Committee.
3. It is the grievance of the petitioners that the respondents-AICTE pointed out certain deficiencies based on the report of the Expert Visit Committee and issued a final letter of rejection on 30.04.2019. It appears, in the interregnum period, petitioners have also applied before the Pharmacy Council of India for obtaining approval to start Bahcelor’s Degree of Pharmacy and the same was issued to the petitioners. In the meantime, the respondents-AICTE have filed applications before the Hon'ble Apex Court in M.A.No.1068/2019 in Civil Appeal No.9048/2012 seeking extension of time for giving approval up to 10.6.2019, pursuant to which, the respondents-AICTE vide its Circular dated 07.06.2019 has granted letter of approval to the new institutions to start Pharmacy programmes for the academic year 2019-20. It is the contention of the petitioners that in terms of the Circular dated 07.06.2019 issued by the AICTE, the petitioners are entitled to the approval having obtained the approval from the Pharmacy Council of India and filing an affidavit mentioning that the institution is willing to run the pharmacy programmes for the current academic year 2019-20 and shall fulfill the AICTE norms and procedures laid down by the respondents-AICTE in the Approval Process Handbook 2019-20 before the start of next academic year 2020-21. On fulfilling the conditions prescribed in the Circular dated 07.06.2019, the petitioners are entitled to the letter of approval to start the Bachelor’s degree of Pharmacy.
4. Learned counsel Smt.Swamini G. Mohanambal appearing for the petitioners, reiterating the aforesaid grounds, seeks for the relief to be allowed.
5. Learned counsel Sri.Venkatasubba Rao appearing for the respondents-AICTE would submit that the letter of rejection issued by the AICTE has not been challenged by the petitioners. Hence, the petitioners are not entitled to the relief sought for.
6. The arguments advanced by the learned counsel appearing for the respondents-AICTE is misconceived. In terms of the Circular dated 07.06.2019 issued by the AICTE pursuant to the orders of the Hon'ble Apex Court extending the time for approval with certain conditions and on fulfilling the said conditions prescribed, the petitioners are entitled to the relief sought for.
7. In the circumstances, this Court is of the considered opinion that the interest of justice would be sub served in directing the respondents-AICTE to consider the representation of the petitioner in terms of the Circular dated 07.06.2019 and grant letter of approval for starting the course in the Bachelor’s degree in Pharmacy (B Pharmacy) from the academic year 2019-20. The compliance of this order shall be made and a decision shall be taken by the AICTE in an expedite manner, not later than two weeks from the date of receipt of certified copy of the order.
Writ petitions stand disposed of in terms of above.
Sd/- JUDGE Dvr: