Kamlini Bhoy vs State Of Chhattisgarh

Both the above writ petitions have been heard together as common question of facts and law are involved in these petitions.

These petitions are basically meant for to give a direction to the respondents No. 1 and 2 the State and the Directorate of Technical Education Chhattisgarh respectively to conduct further rounds of counseling for B. Pharmacy, D. Pharmacy and M. Pharmacy courses for the admission year of 2022-23. The prayer also made that direction be made to Pharmacy Council of India to extend the last date of admission for the aforesaid courses in the State of Chhattisgarh.

On an earlier point of time, in a petition filed by the students bearing WPC No.5688/2022, this Court on 19-12-2022 has passed the following orders:-

“2. According to the learned counsel for the petitioners all of a sudden a news item was published at the behest of the Counseling Incharge, DTE (Director Technical Education) that after 31st December, 2022 the admission to the Pharmacy course would be declared as ‘0’ year and that was the necessity to the students to rush to the Court. He would further submit that as per the judgment rendered by this Court in the matter of Guru Ghasidas Sahitya Avam Sanskriti Academy, Raipur v State of Chhattisgarh and Another reported in {ILR 2022 Chhattisgarh 2002 : AIR OnLine 2022 CHH 98} it appears that the counseling has not yet started because the reservation to some extent has been struck down. He would submit that under the circumstances the counseling cannot be held for a time immemorial determent to the interest of the students.

At this juncture, learned counsel appearing for the respondents No.1 & 2/State and respondent No.4 would submit that the petitioners have come to this Court only on the basis of news item published. In order to ascertain as to whether any cut off date is fixed for counseling in the admission of B. Pharmacy and D. Pharmacy they may be given some time to seek instructions.

Since the winter vacation is intervening and perusal of Annexure-P/8 wherein certain news item has been published at the behest of the Counseling Incharge, DTE that after 31st December, 2022 the admission to the Pharmacy course would be declared as ‘0’ year, therefore, without entering into such controversy of cut off date, going into merits of the issue, the facts shows considerable time has passed after the results were declared on 15-6-2022 and the notification for counseling was issued on 7-9-2022 and for the fact that there is no bar at this stage to start the counseling, the counseling may be commenced. At the later stage, if it is found that if the admissions are not materialized or completed till 31st December, 2022 and in the event the subsequent year is shown as ‘0’ year, irrespective of the authenticity of such cut off date the passage of time shows that the considerable time has passed and the aspiration and anxiety of the students for future cannot be shelved for a time immemorial. Therefore we direct the respondents No.1 & 2 to commence counseling for B. Pharmacy and D. Pharmacy pursuant to the notification dated 7-9-2022, in accordance with the existing law, at the earliest.”

Now the writ petition too was filed on the ground that after the aforesaid order was passed, the Directorate of Technical Education, Chhattisgarh had fixed the counseling date on 28-12-2022 and thereafter the scrutiny of papers on the same date was done and subsequent thereto allotment of seat was made on 30-12-2022 and last date of taking admission was fixed on 31-12-2022.

Learned counsel for the appellants submits that in other States i.e., Odisha and Maharashtra, the last date of admission in the Pharmacy courses was uptill 31-1-2023 and the admissions are governed by the direction of Pharmacy Council of India, then on wrong facts, on an earlier occasion cut off date was wrongly said to be on 31st December, 2022 being the last date. He would submit that this Court, therefore, on 6-2-2023 asked the Pharmacy Council of India to take further instruction and file a detailed affidavit to clarify what was the last date for admission. He would submit that the affidavit pursuant to the direction though filed is completely silent as to what was the last date of admission with respect to Pharmacy courses. He would submit that though the affidavit filed by the Pharmacy Council of India refers to the decision of Supreme Court in Parshavnath Charitable Trust Vs. AICTE reported in [(2013) 3 SCC 385], the applicability of AICTE Act is adjudicated by the judgment of Supreme Court in the Pharmacy Council of India Vs. Dr. S.K. Toshniwal Educational Trusts, Vidarbha Institute of Pharmacy and Ors. reported in [AIR 2021 SC 843] wherein it has been held that the Pharmacy Council would not be subordinate to the AICTE. Therefore, virtually no last date is fixed for admission to the students in the Pharmacy courses and it is independent. He would submit that as it has been done in Orissa and Maharashtra, the date of admission to Pharmacy is extended and in State of Chhattisgarh, the seats are still lying vacant in the pharmacy, they are required to be filled by 2nd and 3rd counseling as was notified on 7-9-2022. It is stated the respondents be directed to conduct a fresh counseling to fill up the remaining seats.

Per contra, learned counsel for the Pharmacy Council and the State would submit that last date of admission being fixed by the notification dated 7-9-2022, which purports and refers to the scheduled date to be followed as that of the admission to AICTE for the Engineering colleges. It is submitted that accordingly the last date for admission since was fixed to follow engineering admission was 31st December, 2022 as such the entire process was completed following the AICTE procedure cut off date time line and closed on 31-12-2022 and admission in Pharmacy course in the State cannot be reopened or extended as against the cut off date as it has already expired.

After going through the pleading, documents and affidavit, it shows that on the earlier occasion when the writ petition was filed, this Court has ordered that the respondent-State and the Director, Technical Education to commence the counseling of Pharmacy courses pursuant to notification dated 7-9-2022. The notification of 7-9-2022 (Ex. P-8) Clause 41 refers to the fact that for the admission procedure, cut off date would be followed as that of AICTE counseling date. The affidavit filed by the Pharmacy Council of India purports that in WP(s)(C) No. 888/2022, the Supreme Court vide order dated 21-10-2022 extended the last date of admission for the academic year 2022-2023 till 30-12-2022, and the Pharmacy Council of India therefore, cannot extend any date of admission for the academic year of 2022 beyond that period. The counseling notification dated 7-9-2022 also refers to the fact that the date of counseling shall be followed as that in the case of AICTE. Consequently, the particular date of counseling was followed by Pharmacy Council of India which was akin to the AICTE, and the cut off date 31-12-2022 having expired, no further extension of time for counseling can be granted in these petitions.

Accordingly thees petitions fail and are dismissed.