The High Court of Telangana passed a judgment on 10 April, 2023 stating that in the field of pharmacy education and more particularly so far as the recognition of degrees and diplomas of pharmacy education is concerned, the Pharmacy Act, 1948 shall prevail. It was stated in the case of Chintareddy Madhusudhan Reddy vs The Pharmacy Council Of India (W.P.Nos.4319, 4356, 4809, 5319, 5668, 6656, 6741, 5672, 5198 of 2023)which was passed by the single judge bench comprising of K.Lakshman
FACTS OF THE CASE:
The petitioners are the registered Societies and the Colleges run by the said Registered Societies. They have filed these writ petitions to declare the action of the 1st respondent in issuing notifications dated 02.02.2023 and 08.02.2023 for the Academic Year 2023-24 to the extent of increasing the Pharmacy Education Regulatory Charges ( for short, ‘PERC’) to be paid by the petitioner Institutions for the courses of Bachelor of Pharmacy (B.Pharm), Doctor of Pharmacy (Pharm-D) and Master of Pharmacy (M.Pharm) as illegal and consequently to direct the 1st respondent not to charge any amounts towards Annual Pharmacy Education Regulation Charges in excess of the amounts specified in the notification, dated 04.05.2018.
JUDGEMENT OF THE CASE
Respondent is having power to issue regulations under the Act, it has issued the aforesaid regulations. They have obtained opinion of Expert Committee and the same was considered in its Executive Committee meeting dated 16.06.2022 and issued notification dated 02.02.2023 and 08.02.2023. Therefore, there is no irregularity in the same, while issuing the aforesaid notifications, 1st respondent has taken the opinion of the Expert Committee constituted in terms of Section 3 of the Act and therefore, this Court cannot substitute its view by exercising its power under Article 226 of the Constitution of India, unless the petitioners establish arbitrariness, procedural violation, jurisdiction, this Court cannot consider the said contentions of the petitioners. In the present case, petitioners failed to establish any such violation. Therefore, the writ petitions are liable to be dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
