THE PHARMACY COUNCIL OF INDIA versus DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACY AND ORS. ETC.
The Pharmacy Act, 1948 is a special and complete code governing pharmacy education and profession; it therefore prevails over the AICTE Act, 1987 (a general statute governing technical education) on matters relating to recognition of pharmacy degrees and diplomas, approval of courses, standards of education, intake capacity and registration as a pharmacist. Consequently PCI has primary jurisdiction in the field of pharmacy education and its norms and decisions must be followed; AICTE cannot impose regulatory measures that conflict with the Pharmacy Act in relation to recognition of pharmacy qualifications. Students admitted pursuant to interim or final orders remain protected and PCI must...
- Parties
- Petitioner: The Pharmacy Council of India; Respondent: All India Council for Technical Education; Respondent: Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy
- Jurisdiction
- India
- Judgment Date
- 05 March 2020
- Procedural Posture
- Transferred Case (civil) Nos. 213 227 of 2020 / Judgment
- Outcome
- Transfer petitions allowed; petitions disposed; held that Pharmacy Act, 1948 prevails over AICTE Act, 1987 in regulation of pharmacy education and recognition of pharmacy degrees/diplomas; PCI's norms to be followed
- Legal Topics
- Applicability of Pharmacy Act, 1948 V. AICTE Act, 1987, Regulation of Pharmacy Education and Registration, Implied Repeal and Priority of Statutes, Regulatory Jurisdiction of Statutory Bodies
Case Brief
Summary, issues, holding and outcome
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Parties
The Pharmacy Council of India
Petitioner
All India Council for Technical Education
Respondent
Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy
Respondent
Procedural Posture
Transferred Case (civil) Nos. 213 227 of 2020 / Judgment
Legal Issues
- 1 Whether the Pharmacy Act, 1948 or the AICTE Act, 1987 applies to regulation of pharmacy education and recognition of pharmacy degrees/diplomas
- 2 Whether the Pharmacy Council of India (PCI) or AICTE has primary jurisdiction to approve courses, fix intake and regulate pharmacy education
- 3 Whether the AICTE Act impliedly repealed or superseded the Pharmacy Act
Ratio Decidendi
The Pharmacy Act, 1948 is a special and complete code governing pharmacy education and profession; it therefore prevails over the AICTE Act, 1987 (a general statute governing technical education) on matters relating to recognition of pharmacy degrees and diplomas, approval of courses, standards of education, intake capacity and registration as a pharmacist. Consequently PCI has primary jurisdiction in the field of pharmacy education and its norms and decisions must be followed; AICTE cannot impose regulatory measures that conflict with the Pharmacy Act in relation to recognition of pharmacy qualifications. Students admitted pursuant to interim or final orders remain protected and PCI must...
Court Disposition
Transfer petitions allowed; petitions disposed; held that Pharmacy Act, 1948 prevails over AICTE Act, 1987 in regulation of pharmacy education and recognition of pharmacy degrees/diplomas; PCI's norms to be followed
Orders
- Transfer Petitions (Civil) Nos. 87-101 of 2014 and listed writ petitions transferred to this Court and allowed
- Held that Pharmacy Act, 1948 shall prevail so far as recognition of degrees and diplomas of Pharmacy education and related regulation is concerned and institutions must follow norms and regulations set by PCI
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