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Judgment
This matter is taken up through hybrid mode.
Heard Mr. A. Das, learned counsel appearing for the petitioner and Mr. R.C. Mohanty, learned counsel appearing for opposite parties no.2 & 3.
The petitioner has filed this writ petition seeking direction to opposite party no.1 to approve the petitioner-institution for opening and admitting the students for B. Pharm and D. Pharm courses on the basis of enquiry report as per the letter dated 10.04.2023 issued by Additional Director, Medical Education and Training, Odisha, Bhubaneswar under Annexure-11.
Mr. A. Das, learned counsel appearing for the petitioner contended that earlier the petitioner had approached this Court by filing W.P.(C) No.5921 of 2023, which was disposed of vide order dated 27.02.2023 with an observation that only due to the restriction of staffing position the petitioner-institution has not been permitted to admit the students into D-Pharm and B. Pharm Courses for the academic session 2022-23, interest of justice would be best served if opposite parties no.2 & 3 would make spot inquiry along with appropriate authority to see whether the staffing position as per norms have been complied with or not and if they satisfied that the petitioner has complied with the same, the authority may grant necessary permission to the petitioner-institution to take admission of the students into D-Pharm & B-Pharm Courses for the academic session 2022-23. In compliance of the said order, the Additional Director, Medical Education & Training, Odisha, intimated the Secretary, Pharmacy Council of India, New Delhi, vide memo no.5527 dated 10.04.2023, that the inspection of petitioner-institution was conducted by the concerned authorities on 30.03.2023 and the authority has observed that “no faculty is appointed. However, identified faculty fulfill the criteria and has given consent to join”. It is also observed that as the petitioner-institution is in possession of valid NOC and consent of affiliation by the OSBP, the institution needs only approval of Pharmacy Council of India to admit students. Therefore, direction may be issued to opposite party no.1-Pharmacy Council of India to approve the petitioner-institution for admission of the students.
Mr. R.C. Mohanty, learned counsel appearing for opposite parties no.2 & 3 contended that if the proposal for approval of the petitioner-institution is pending before the Pharmacy Council of India, it is to be done in accordance with law.
Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that in compliance of the order dated 27.02.2023 passed by this Court in W.P.(C) No.5921 of 2023, the Additional Director, Medical Education & Training, Odisha, intimated the Secretary, Pharmacy Council of India, New Delhi, vide Memo No.5527 dated 10.04.2023 that the inspection of petitioner-institution was conducted by the concerned authority on 30.03.2023 and the authority has observed that “no faculty is appointed. However, identified faculty fulfill the criteria and has given consent to join”. It is also observed that as the petitioner-institution is in possession of valid NOC and consent of affiliation by the OSBP, the institution needs only approval of Pharmacy Council of India to admit students. Therefore, approval of the petitioner-institution to admit students is within the domain of the Pharmacy Council of India.
In view of such position, this Court is not inclined to issue any direction to the Pharmacy Council of India with regard to approval of the petitioner-institution to admit students. However, it is open to the petitioner to pursue its remedy before the appropriate forum.
With the above observation, the writ petition stands disposed of.
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