SC Slams Pharmacy Council of India over Arbitrary Rejection of Approvals to Pharma Colleges
Supreme Court of India
New Delhi: The Pharmacy Council of India (PCI) was recently at the receiving end of the Supreme Court's rebuke in the backdrop of several litigations being launched against the Council by pharma colleges over the issue of approval.
Observing that specialist bodies like the PCI must act responsibly, a division bench of the Apex Court comprising Chief Justice of India (CJI) BR Gavai and Justice AG Masih remarked, "Having looked at the facts in all these cases we are of the view that the time has come for bodies like the Pharmacy Council of India, which are supposed to be the experts in the field of specialty education, to act with due diligence. It is only due to total lack of discretion and arbitrary exercise of powers that this Court is flooded with petitions challenging the orders of the Pharmacy Council of India."
The Court rejected the matter of PCI revoking the approval of certain institutes and directed the registrar to send a copy of the order to the Secretary, Union Ministry of Health and Family Welfare, to avoid "such unwarranted litigation" in the future.
Such directions were issued by the top court bench while considering a batch of 14 pleas filed by pharma colleges. In one of the cases, the petitioner institute received PCI permission to extend the D. Pharma course, subject to inspection throughout the year. However, within a few months, the Council revoked the approval on the ground that the concerned institute had not submitted its satisfactory compliance with respect to various factors.
However, the Supreme Court bench opined that before rejecting the approval, the Pharmacy Council should have conducted an inspection and given the petitioner institute an opportunity to rectify the deficiencies, as reported by Live Law.
"We find that the respondent/Pharmacy Council of India has acted arbitrarily. Hence the decision dated 09.12.2024 is liable to be set aside," observed the Court.
Regarding the issue of regularisation of approval of the said institute by PCI for 2024-2025, in view of the admissions granted to 46 students after the initial permission, the Council observed that it was a "philanthropic attitude" on the part of the council.
However, the top court bench also observed, "When the action of a statutory body is likely to affect the careers of a large number of students, such bodies are expected to act in a manner which is consistent with the principles of natural justice and non-arbitrariness."
The Court cited yet another "classic example" of the "arbitrary attitude" of the Pharmacy Council in granting extension of approval of another institute subject to inspection for a full year.
Noting that PCI refused granting the approval even though the inspection was conducted and no deficiencies were pointed out, the Court remarked,
"Thus, it is evident that either the inspection report is incorrect, or the Council did not pay any attention to the inspection report. As we have already observed in the matter till date, we find that the respondent/Pharmacy Council of India cannot act arbitrarily when such action adversely affects the careers of thousands of students."
Also Read: PCI Orders Pharmacy Colleges to Submit UGC Anti-Ragging Compliance Report by June 1
