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Judgment
Tapabrata Chakraborty, J
Affidavit of service filed by the petitioner be kept on record. No one appears on behalf of the respondent no.2. The supplementary affidavit filed by the petitioner be kept on record. In connection with the present writ petition an application for addition of party, being CAN no.8 of 2020 praying for leave to implead the State of West Bengal and AICTE. Such prayer is considered and allowed. The learned advocate-on record of the petitioner is directed to effect necessary correction in the cause title of the writ petition and to serve copies of the writ petition and the supplementary affidavit upon Mr. Datta, learned AGP appearing for the State respondents and Mr. Singhania, learned advocate appearing for the AICTE. The application, being CAN no.8 of 2020 is, accordingly, disposed of.
Mr. Bhattacharjee, learned advocate appearing for the petitioner submits that the petitioner is a registered private trust which had established a pharmaceutical college, namely, Mrinalini Devi College of Pharmacy (in short, the said college).
A public notice was issued by Pharmacy Council of India (in short, PCI) inviting on line applications from new pharmacy colleges/institutions. On 9th and 10th April, 2019 a resolution was adopted by PCI to put a moratorium on the opening of new pharmacy colleges for a period of five years beginning from the academic year 2020-21. Subsequent thereto, by a memo dated 9th September, 2019 it was intimated that a further resolution has been adopted that such moratorium will not apply to the States / Union Territories where the number of D. Pharm. and B. Pharm. institutions (both combined) is less than 50. Though in the State of West Bengal the total number of institutions is less than 50, as would be explicit from the document annexed at page 15 of the supplementary affidavit, the application submitted by the said college had not been accepted. The date for submission of application has been extended till 13th January, 2020.
Mr. Tewari, learned advocate appearing for the Union of India submits that when the number of institutions in the State is less than 50, there can be no bar towards acceptance of the application of the said college. In a similar writ petition, being W. P. no.23236(W) of 2019, the college had been granted an interim protection.
List the matter for final hearing in the daily supplementary list of this Court on 5th February, 2020.
Prima facie, an arguable case has been made out by the petitioner and as such in the meantime there shall be an interim order in terms of prayer "e".
In view of the fact that the last date of submission of such application is 13th January, 2020, the said college is directed to apply off line to the respondent no.2 by 13th January, 2020 and the respondent no.2 shall accept the same subject to further orders of this Court.
Photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the learned advocate for the petitioner on his usual undertakings.