Inderjeet Singh, J. - (1.) This writ petition has been filed by the petitioner with the following prayers:- "It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow this Writ Petition and by an appropriate writ, order or directions:- (i) the impugned order dated 26.03.2018 passed by the Respondent-2 Pharmacy Council of India may kindly be quashed and set aside. It is further prayed that the Respondent PCI may be directed to conduct inspection and issue approval to the Petitioner Institute for establishment of new pharmacy college for the Bachelor of Pharmacy and Deploma in Pharmacy course for the academic year 2018-2019. (ii) the impugned order dated 12.04.2018 passed by the respondent no.3 Rajasthan University of Health Sciences may kindly be quashed and set aside. It is further prayed that the Respondent RUHS may be directed to conduct inspection and issue affiliation to the Petitioner Institute for establishment of new pharmacy college for the Bachelor of Pharmacy and Diploma in Pharmacy course for the academic year 2018-19. (iii) the respondent no.1 may be directed to issue the No- Objection Certificate to the Petition Institute for establishment of new Pharmacy college for the Bachelor of Pharmacy and Diploma in Pharmacy course as per the Letter of Intent dated 28.03.2018 (Annexure-3); (iv) the respondent no.4 may be directed to allow the petitioner institution to participate in counseling for admissions to Bachelor of Pharmacy and Diploma in Pharmacy course for the academic year 2018-2019 subject to intake capacity and due procedure. (v) any other order or direction which this Hon'ble Court deems just and proper may also be passed in the facts and circumstances of the case in favour of the petitioner.
(2.) Learned Senior Counsel appearing for the petitioner submitted that the All India Council of Technical Education (hereinafter to be referred as "AICTE") has granted approval for staring/running the Diploma in Pharmacy & under Graduate course in Pharmacy vide order dated 30.04.2018. Counsel further submits that the State Government has also issued NOC for the said course vide order dated 31.05.2018. Counsel further submits that despite grant of approval by the AICTE, the Pharmacy Council of India (hereinafter to be referred as "PCI") has dismissed their application for approval vide letter dated 26.03.2018 on the ground of delay in submitting the application and the Rajasthan University of Health Sciences (hereinafter to be referred as "RUHS) has also rejected their application for affiliation on 12.04.2018. Counsel further submits that once the AICTE has granted approval, the PCI has no right to reject their application for approval and the refusal to grant affiliation by RUHS on the ground of non-grant of approval by PCI, is also not sustainable.
(3.) In support of his contentions, learned senior counsel for the petitioner relied upon the order passed by the Hon'ble Supreme Court in the matter of Indira Bahuuddeshiya Shik Sanstha & another Vs. Pharmacy Council of India & Others (Writ Petition (Civil) No.372/2014, which reads as under:- "We are informed that the Centralized Admission Process has been started. Issue notice on the application. In the meanwhile, we direct the respondents to permit the petitioners to admit the students through the Centralized Admission Process rounds to the course of Diploma in Pharmacy which is to be conducted in the nd Shift. We make it clear that admission granted to the students shall be provisional. We also make it clear that no equity shall be created in favour of the students by virtue of grant of such provisional admission which is liable to be cancelled. We also make it clear that while granting admission to the students, the petitioners will clearly inform the students in writing their admission is subject to the outcome of this petition so that the students are put to notice. Since the issue raised in this application is a recurring issue, we are of the opinion that the matter should be heard expeditiously. List the matter on a non-miscellaneous day within four weeks. Pleadings must be completed by that time.";