Supreme Court Dismisses Appeals Of Pharmacy Council Of India Challenging HC Judgments Which Set Aside 5-Year Ban On New Pharmacy Colleges

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.Detailed report about reasoning in the judgment ca be read here [Case Status: Pharmacy Council of India v. Rajeev College of Pharmacy And Ors. Civil Appeal No. 6881 of 2022]Citation : 2022 LiveLaw (SC) 768Summary - Supreme 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.Constitution of India -Article 19(1)(g) -The right to establish an educational institution is a fundamental right under Article 19(1)(g) of the Constitution of India and reasonable restrictions on such a right can be imposed only by a law and not by an execution instruction [Para 54, 55]Constitution of India - Article 19 - Fundamental rights under Article 19 cannot be restricted through executive instructions -citizen cannot be deprived of the said right except in accordance with law. It has further been held that the requirement of law for the purpose of clause (6) of Article 19 of the Constitution can by no stretch of imagination be achieved by issuing a circular or a policy decision in terms of Article 162 of the Constitution or otherwise [Para 43]Click Here To Read/Download Judgment

Supreme Court Dismisses Appeals Of Pharmacy Council Of India Challenging HC Judgments Which Set Aside 5-Year Ban On New Pharmacy Colleges

Sohini Chowdhury

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