BREAKING| Supreme Court Dismisses Appeals Of Pharmacy Council Of India Challenging HC Judgments Which Set Aside 5-Year Ban On New Pharmacy Colleges
15 Sept 2022 10:47 AM
The Supreme Court on Thursday dismissed a batch of appeals filed by the Pharmacy Council of India against the judgments of certain High Courts which set aside the moratorium imposed on starting new Pharmacy colleges for 5 years.
A bench comprising Justices BR Gavai and PS Narasimha expressed agreement with the High Court that the ban cannot be imposed through executive instructions.
"We have dismissed the appeal. We have held that you are having sufficient regulatory powers. Merely because an application is made does not bound the PCI has to grant it. The abudnance of pharmacy colleges is one factor which can be considered.Basically we have agreed with the HC that this cannot be done by an executive instructions", Justice Gavai orally stated the judgment.Full copy of the judgment is awaited.
The appeals were filed against the judgments of the High Courts of Delhi, Karnataka and Chhattisgarh.
The issue related to the communications dated 17.07.2019 and 09.09.2019 addressed by the PCI to State Governments and Union Territory Administrations imposing a moratorium on opening of new pharmacy colleges for a period of five years with effect from the academic year 2020-21.
The High Courts took the view that the direction issued by the PCI was in excess of the powers conferred on it by the Pharmacy Act 1948.
(Story to be updated after judgment is uploaded)
Case Title PHARMACY COUNCIL OF INDIA Versus RAJEEV COLLEGE OF PHARMACY AND ORS.SLP(C) No. 19671/2021 and connected cases |
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