VIVEK CHAUDHARY,J. - (1.) As counselling was due Supreme Court required this court to decide the matter on the date it is listed. Therefore, on 21.10.2020 the present bunch of petitions was heard and operative portion was pronounced in court providing that reasons shall follow, hence present detailed judgment.
(2.) I have heard Dr. L.P. Mishra, learned Advocate assisted by Sri Utsav Mishra, learned counsel for petitioners in leading case, Sri Rajat Rajan Singh, Sri Dharm Raj Mishra, Sri Piyush Kumar Agarwal, Sri Paavan Awasthi, learned counsels for petitioners in connected cases, learned standing counsel for State of UP, Sri Atul Kumar Dwivedi, learned counsel for respondent No.3-Dr. APJ Abdul Kalam Technical University and Sri Ravi Singh, learned counsel for Pharmacy Council of India (PCI).
(3.) Petitioner pharmacy colleges have approached this Court against the recommendation/decision dated 15.05.2020 of the Review Affiliation Committee of the State of UP refusing No Objection Certificate (NOC) to the petitioner institutions for recognition of additional course of Bachelor in Pharmacy. The review committee consists of senior officers of State of UP and of the affiliating university. The said decision of the Review Affiliation Committee is later approved by the State Government. Petitioners are pharmacy colleges who were granted approval for running diploma courses in Pharmacy for academic year 2019-20 by the PCI. In its 106th Central Council meeting held on 9th and 10th April, 2019, PCI resolved to put a moratorium on the opening of a new pharmacy colleges for running diploma as well as degree course in pharmacy for a period of five years, beginning from the academic year 2020-21. The said decision was duly circulated to all the concerned by a communication dated 17.07.2019. In its 107th Central Council meeting held on 5th and 6th August, 2019, PCI carved out certain exceptions to the said policy. The same were also circulated by PCI through its communication dated 09.09.2019. Relevant exception for our purposes is "(e) Existing approved pharmacy institutions will be allowed to apply for increase in intake capacity as per P.C.I. norms and/or to start additional pharmacy courses." Petitioners, who were already running Diploma courses under approval of PCI, applied for approval of Bachelor of Pharmacy course from the academic year 2020-21, which was also granted by PCI, it being subject to consent of Affiliation of Examining Authority and No Objection Certificate and approval of the State Government. The State Review Committee rejected the proposals of the petitioners by the impugned decision dated 15.05.2020 on the ground that colleges in surplus of present requirement are being run in the State and new colleges should be permitted only in districts which do not have such Colleges or where admission of students is in excess of 80% of the capacity.;