The Allahabad High Court, Lucknow Bench, has directed the Pharmacy Council of India (PCI) to process the application of Babu Ram Education Society for the Diploma in Pharmacy course by considering the Consent of Affiliation granted by the examining authority for the academic year 2024–2025.
The interim relief was granted by Justice Jaspreet Singh while hearing Writ-C No. 4171 of 2025, filed by the petitioner society through its Secretary, Shri Dinesh Chandra. The petitioner was represented by Advocate Rajat Rajan Singh. The State of U.P. was represented by Additional Chief Standing Counsel Shri Pankaj Srivastava, and PCI was represented by Advocate Shri Ravi Singh.
Background
The petitioner institution, Shri Bahuram College of Pharmacy, located in Mainpuri district, had obtained Consent of Affiliation from the examining authority for the academic session 2024–2025. It subsequently sought approval from PCI to commence the Diploma in Pharmacy course with an intake of 60 students for the 2025–2026 session.
During PCI’s inspection process, certain deficiencies were noted, resulting in denial of approval. The petitioner filed an appeal before PCI which remained undecided, prompting it to approach the High Court in Writ-C No. 3348 of 2025. By its order dated April 8, 2025, the High Court directed PCI to decide the appeal on merits.
Following this, PCI rejected the appeal on April 24, 2025, stating that the affiliation letter submitted was for the prior academic session (2024–2025) and therefore not valid for the upcoming 2025–2026 session.
Petitioner’s Submissions
Advocate Rajat Rajan Singh, appearing for the petitioner, submitted that:
- The Consent of Affiliation granted for 2024–2025 had neither lapsed nor been withdrawn.
- As a newly established institution, the petitioner was not obliged to seek fresh consent unless there was a material change or additional course.
- The Supreme Court, by orders dated May 9 and May 22, 2025, in Writ Petition (Civil) No. 95 of 2025 and Contempt Petition No. 32 of 2025, had already extended timelines for approval processes till August 31, 2025, and for disposal of appeals till September 30, 2025.
- The refusal to accept a still-valid affiliation consent amounted to an overly technical objection, contrary to the Supreme Court’s intent to ease procedural constraints.
Respondents’ Submissions
Shri Ravi Singh, learned counsel for the Pharmacy Council of India, submitted that the only concern was the potential administrative difficulty that might arise if the examining authority later refused to conduct examinations for the session based on the previous year’s consent.
However, when the Court inquired whether such consent must be obtained annually, both Shri Pankaj Srivastava (for the State) and Shri Ravi Singh (for PCI) agreed that a fresh Consent of Affiliation is generally required only when a new institution is established or when an existing institution introduces a new course.
Court’s Observations and Interim Order
The Court noted:
“The very fact is that the petitioner is a new institution and it got consent of affiliation for the academic year 2024–2025 and the same continue and it has not been revoked hence ground of the Pharmacy Council of India for refusing the same does not appear to be cogent.”
Holding that the matter requires consideration, Justice Jaspreet Singh stayed the operation of PCI’s impugned rejection order dated April 24, 2025, until further orders and directed PCI to file its counter-affidavit.
Next Hearing
The matter has been listed for further hearing on July 9, 2025.
Case Details:
Case Title: Babu Ram Education Society, Mainpuri vs State of U.P. & Others
Case No.: Writ-C No. 4171 of 2025
Bench: Justice Jaspreet Singh
Counsels: Rajat Rajan Singh (for petitioner), Pankaj Srivastava (for State), Ravi Singh (for PCI)
