High CourtsSingle Bench(2023) 01 KL CK 0059

Principal, Moulana College Of Pharmacy vs Pharmacy Council Of India Represented By Its Secretary Combined Council Building, Temple Lane, Kitta, New Delhi , Pin 110002

High Court Of Kerala · Decided on 9 January 2023

HON’BLE JUDGES
Devan Ramachandran, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 243 Of 2023

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Judgment

6 paragraphs · 231 words

Devan Ramachandran, J

1.

By the march of time, and the occurrence of certain events pending this lis, it is conceded by both sides that petitioner has obtained requisite No Objection Certificate (NOC) from the examining Authority.

2.

Obviously, therefore, it is now for the 1st respondent – Pharmacy Council of India (PCI) to take a final decision on the application of the petitioner. For this purpose Ext.P5 cannot be a hindrance because, that decision was taken by the PCI at the time when the 'NOC' had not been obtained by the petitioner. The scenario has now completely changed.

3.

I  must  record  that  the  learned  Deputy Solicitor General of India - Sri.S.Manu also confirmed the above.

In  the  afore  circumstances,  I  dispose  of this  writ  petition,  directing the  competent Authority of the 1st respondent – PCI, to again take up the application of the petitioner and dispose of the same, based on Ext.P6 'NOC', obtained by them from the Government; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than 10 days from the date of receipt of a copy of this judgment.

I make it clear that if the 1st respondent – PCI is to grant permission to the petitioner, then they will be included in the list of institutions for allotment of students by the 4th respondent, immediately thereafter.