The averments made on affidavit by the petitioners, are not controverted by university therefore, court directed them to grant affiliation to the petitioner colleges for the academic year 2020-21.This honorable judgement was passed by the Supreme Court of India in the case of VIIT Pharmacy College and Anr. Vs. Dr. A.P.J. Abdul Kalam Technical University and Anr. [WRIT PETITION (C) NO.390 OF 2021] by The Hon’ble Mr. Justice Rohinton Fali Nariman.
The petitioners seeking a direction to the Dr. A.P.J. Abdul Kalam Technical University to grant affiliation for B. Pharma course to the petitioner colleges for the academic year 2020-21 with further direction to University to organize special examinations for B. Pharma students for academic year. It is pertinent to note that the Pharmacy Council of India granted its approval to the VIIT Pharmacy College vide order for conduct of first year B. Pharma course for the academic year 2020-21 with intake capacity of 100 students. Insofar as the RV Institute of Pharmacy is concerned, a similar approval was also granted; however, with the intake capacity of 60 students. The State of Uttar Pradesh came up with the policy for restricting the number of pharmacy colleges to only two per district. The said policy came to be challenged before the High Court of Allahabad in bunch of petitions being filed by Zee College of Pharmacy with companion matters. The petitioner institutions were permitted to participate in the counselling being conducted for admission to Bachelors of Pharmacy course for the academic year 2020-21. All the above three petitions were allowed by the High Court vide order dated 9th November 2020. University vide impugned order, rejected the application of S.D. College of Sciences for grant of affiliation.
In the meantime, the State Government, after considering the recommendations made by the Affiliation Committee, has granted conditional affiliation for admission in B. Pharma course, in compliance of the order of the High Court passed in Writ Petition. Since the respondent No.1-University refused to grant affiliation to the petitioners and has refused to permit their students to appear for 4the first year B. Pharma examination, the petitioners have approached this Court.
The court allowed the petition stating that, “In the peculiar facts and circumstances of the case and particularly, taking into consideration, that the averments made on affidavit by the petitioners, are not controverted by respondent, we find that the petition deserves to be allowed. The respondent No.1-University is therefore directed to grant affiliation to the petitioner colleges for the academic year 2020-21 and also permit the students of the petitioner colleges to participate in the special examinations to be organized by the University for the academic year 2020-21.”