JAN HIT SEWA SANSTHAN Vs. RAJASTHAN PHARMACY COUNCIL
LAWS(RAJ)-2019-5-52
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on May 03,2019

Jan Hit Sewa Sansthan Appellant
VERSUS
Rajasthan Pharmacy Council Respondents

JUDGEMENT

P.K.LOHRA,J. - (1.) Matter comes on an application for preponing date of hearing. For the reasons mentioned therein, application is allowed and petition is taken up for hearing today. With the consent of rival parties, case is heard for final disposal. Petitioner, a registered society under the Rajasthan Societies Act, 1958, has preferred this writ petition under Article 226 and 227 of the Constitution for seeking under-mentioned reliefs: "i. By an appropriate writ order or direction, the Respondent No.1 and Respondent No.2 may kindly be directed to add the name of OPJS University as the examining authority in the online system. ii. By an appropriate writ order or direction, the Respondent No.1 and Respondent No.2 may kindly be directed register all the students passed from the petitioner's pharmacy college as Pharmacist. iii. By an appropriate writ order or direction, the State Government may kindly be directed to initiate inquiry against the respondent no.2 for misusing its powers and depriving the students to get themselves registered as Pharmacist. iv. Any other appropriate, writ, order or or which which this Hon'ble Court may deem it just and proper in the facts and circumstances of the case, may kindly be issued. v. Cost of the writ petition may kindly be awarded to the humble petitioner."
(2.) In order to claim desired reliefs, it is, inter alia, averred in the petition that petitioner-Society is running a Pharmacy College at Merta City under the name of "Agarwal Pharmacy College". For filing writ petition on behalf of Society, authorization letter in favour of its Vice President-Nand Bihari Agarwal is placed on record as Annex.1. The petitioner has further pleaded that its College is involved in imparting Diploma in Pharmacy Course since year 2003-04. It is also pleaded in the writ petition that for imparting education in Pharmacy Diploma Course, approval from the Academic/Executive Council, to which the Institute is recognized, is essential. A significant fact that petitioner-Society's College is imparting Pharmacy Diploma Course after seeking approval from OPJS University and Pharmacy Council of India, also finds mention in the writ petition. To substantiate all these positive assertions, petitioner has placed on record Annexs.2 to 5 respectively. Acceptance of petitioner's request for change in examining authority from RUHS to OPJS University is also mentioned in the petition. Fact of establishment of OPJS University under Act No.16 of 2013 is also incorporated in the pleadings. Concurrence of OPJS University, to act as examining authority of the College for running Diploma course, too finds mention in the petition. Approval of Pharmacy Council of India for OPJS University, to act as Examining Authority w.e.f. 2013-2014 qua Agarwal Pharmacy College, Merta City, is also placed on record as Annex.7.
(3.) petitioner-Society has further averred in the writ petition that, after receiving approval for the College, it has sent many communications to second respondent-Council with a request to include name of OPJS University in online registration form. Various letters and reminders in cumulative are placed on record as Annex.8. In all these communications, petitioner has highlighted that for want of OPJS University's inclusion, the students of its College are unable to fill-up their Pharmacy Registration Forms online. As a matter of fact for online registration, selecting name of the University is pre-requisite.;


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