The Lucknow bench of the Allahabad High Court has asked the Pharmacy Council of India to clarify the legal requirement of obtaining a state government No-Objection Certificate before launching Bachelor of Pharmacy courses, questioning the absence of defined norms and standardized procedures for issuing such clearances.
A division bench comprising Justice Rajan Roy and Justice Manjive Shukla issued the directions on Monday while hearing a cluster of petitions involving the Pharmacy Council of India, the Uttar Pradesh state government, and several educational institutes. The court granted the regulatory body two weeks to submit a comprehensive response and relevant documentation via an affidavit.
Absence Of Standardized Guidelines And Course Disparities
During the hearing, the court highlighted provisions under the Bachelor of Pharmacy Course Regulations, 2014, which mandate that institutions possess specified infrastructure, laboratory facilities, equipment, standard accommodations, and qualified academic and non-academic personnel prior to securing operational approval.
The bench questioned why no formal template or objective benchmarks have been established by the state government for issuing No-Objection Certificates (NOCs) to applicant institutions. The judges further questioned the rationale behind making state NOCs mandatory for four-year Bachelor of Pharmacy (B. Pharm) programs while exempting two-year Diploma in Pharmacy (D. Pharm) courses from similar requirements.
Distinction Between Affiliation And State Clearance
Addressing the operational framework of pharmacy education, the high court noted on a prima facie basis that institutional affiliation remains within the purview of the designated university or affiliating body. The bench observed that affiliation considerations typically follow approval by the Pharmacy Council of India (PCI), which possesses its own inspection mechanisms to verify whether applicant colleges fulfill the necessary criteria.
To evaluate past administrative practices, the court instructed the Uttar Pradesh government to submit one or two previously issued NOCs as benchmark examples. The PCI was also directed to explain the scope and intent of the regulatory scheme outlined in Regulation 9 of the 2014 guidelines.
Additionally, the bench sought clarification on an October 31, 2025 state government order that eliminated the initial NOC requirement for starting B. Pharm courses, asking whether the PCI holds the legal standing to challenge that order.
Judicial Scrutiny Of Moratorium Power
The high court stated that it will further examine the broader legal authority of the state government to declare a zero academic session or enforce a moratorium on pharmacy institutions and courses across both degree and diploma levels.
The matter has been listed for further hearing after two weeks.
