IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.08.2010 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE G.M.AKBAR ALI Writ Appeal Nos. 2212, 2213 of 2002 and 2195 and 2196 of 2002 W.A.Nos.2212 & 2213 of 2002: The Tamil Nadu pharmacy Council, Government Shopping Complex, 1st Floor, 100 Feet Road, Vadapalani, Chennai-24 represented by its Registrar. ... Appellants in W.A.Nos.2212 & 2213/2002/ 5th Respondent Vs. 1.A.Mahesh 2.S.Ananda Natarajan 3.R.Balaji 4.R.Mohanakumar 5.R.Thiruvenkadam 6.P.G.Palanivelu 7.G.Ramesh 8.R.Prem Annand 9.M.Sathishkumar 10.The K.K.College of Pharmacy, rep. by its Principal Correspondent, 18, Arcot Road, Saligramam, Chennai-93. 11.The Vice Chancellor, The Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-32. 12.The Government of Tamil Nadu, by its Secretary to Ministry of Education, Fort St. George, Chennai-9. 13.The Chairman, All India Council for Technical Education, New Delhi. https://hcservices.ecourts.gov.in/hcservices/ 14.The Secretary, pharmacy Council of India, Combined Councils Building, Kotla Road, New Delhi. ... Respondents in W.A.No.2212/2002 1.S.Vinodh 2.The K.K.College of Pharmacy, rep. by its Principal/Correspondent, 18, Arcot Road, Saligramam, Chennai-93. 3.The Vice Chancellor, The Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-32. 4.The Chairman, All India Council for Technical Education, New Delhi. 5.The Secretary, Pharmacy Council of India, Combined Councils Building, Kotla Raod, New Delhi. 6.The Government of Tamil Nadu, by its Secretary, Higher Education Department, Fort St. George, Chennai-9. ... Respondents in W.A.No.2213/2002 W.A.Nos.2195 & 2196 of 2002: The Secretary, Pharmacy Council of India, Combined Councils Building, Temple Road, Kotla Road, New Delhi-11- 002. ... Appellants in W.A.Nos.2195 & 2196/2002/ 5th Respondent vs. 1.S.Vinodh ... 1st Respondent/Petitioner 2.The K.K.College of Pharmacy, rep. by its Principal/Correspondent, 18, Arcot Road, Saligramam, Chennai-93. https://hcservices.ecourts.gov.in/hcservices/ 3.The Vice Chancellor, The Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-32. 4.The Chairman, All India Council for Technical Education, New Delhi. 5.The Registrar, Tamil Nadu Pharmacy Council, Govt. Shopping Complex, 1st Floor, 100 Feet Road, Vadapalani, Chennai-24 6.The Government of Tamil Nadu, rep. by its Secretary, Higher Education Department, Fort St. George, Chennai-9. ... 2nd to 6th Respondents in W.A.No.2195/2002/ 1st to 4th and 6th Respondent 1.A.Mahesh 2.S.Ananda Natarajan 3.R.Balaji 4.R.Mohanakumar 5.R.Thiruvenkadam 6.P.G.Palanivelu 7.G.Ramesh 8.R.Prem Annand 9.M.Sathishkumar ... 1st to 9th Respondents/ Petitioners 10.The K.K.College of Pharmacy, rep. by its Principal Correspondent, 18, Arcot Road, Saligramam, Chennai-93. 11.The Vice Chancellor, The Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-32. 12.The Government of Tamil Nadu, by its Secretary to Ministry of Education, Fort St. George, Chennai-9. 13.The Chairman, All India Council for Technical Education, New Delhi. https://hcservices.ecourts.gov.in/hcservices/ 14.The Registrar, Tamil Nadu Pharmacy Council Govt. Shopping Complex, 1st Floor, 100 Feet Road, Vadapalani, Chennai-24. ... 10th to 14th Respondents in W.A.No.2196/2002/ Respondents 1 to 5 Prayer: Writ Appeals filed under Clause 15 of Letters Patent against the common order of the learned single Judge of this Court dated 10.4.2002 in W.P.Nos.4248/2001 & 20477/2001 to issue a writ of Mandamus, directing the 6th Respondent (in W.P.No.4248/2001) and 4th and 5th Respondents (in W.P.No.20477/2001), Viz; the Secretary, Pharmacy Council of India to issue Certificate of Registered Pharmacists to the petitioners. For Appellant in W.A.2212 & 2213/2002 : Mr.R.Rengaramanujam and 14th Respondent in W.A.2196/2002 5th Respondent in W.A.No.2195/2002 For Appellant in W.A. Nos. 2195 & 2196/2002 and : Mr.N.Muralikumaran, 14th Respondent in W.A. No. ACGSC 2212/2002 and 5th Respondent in W.A.No.2213/2002 For Respondents 1 to 9 in W.A.Nos.2212 & 2196/2002 : Mr.Ananda Venkatesh For 2nd Respondent in W.A. No.2213/2002 and W.A.No.2195/02 and 10th Respondent in W.A.2212/02 : Mr.V.P.Rajendran & 2196/2002 For 11th Respondent in : Mr.B.Cheran W.A.2212/2002 & 3rd Respondent in W.A.2213/02 For 12th Respondent in W.A.2212 & 2196/2002 : Mr.M.Dhandapani and 6th Respondent in Spl. Government Pleader W.A.2213 & 2195/02 For 1st Respondent in W.A.No.2213/2002 W.A.No.2195/2002 : Mr.S.Gopinath https://hcservices.ecourts.gov.in/hcservices/ For 13th Respondent in : Mr.AR.L.Sundaresan W.A.2212 & 2196/2002 Senior Counsel and 4th Respondent in for W.A.2195 & 2213/2002 Mrs.AL.Gandhimathi COMMON JUDGMENT (Judgment of the Court was made by R.BANUMATHI,J) These Writ Appeals arise out of the common order of the learned single Judge in W.P.Nos.4248/2001 & 20477/2001 whereby the learned single Judge directed the Tamil Nadu Pharmacy Council, Chennai to entertain applications from Respondents 1 to 9 [Writ Petitioners in W.P.No.4248/2001] for entering their names in the Register maintained by the State Council and to forward them to the Central Council to enable the Central Council to again enter their names in the Register maintained by the Central Council so as to enable the Respondents 1 to 9 to practice as Pharmacists. For convenience, the parties are referred as per their array in W.A.No.2212/2002. 2. Central Council – Pharmacy Council of India and State Council – Tamil Nadu Pharmacy Council are the Appellants. 3. We have heard Mr.R.Rengaramanujam, learned counsel for Appellant in W.A.Nos.2212 & 2213/2002 and 14th Respondent in W.A.No.2196/2002 and Mr.N.Muralikumaran, learned Addl. Central Government Standing Counsel for Appellant in W.A.Nos.2195 & 2196/2002 and 14th Respondent in W.A.No.2212/2002 and 5th Respondent in W.A.No.2213/2002. We have also heard Mr.Ananda Venkatesh, [Respondents 1 to 9 in W.A.Nos.2212/2002 & 2196/2002]; Mr.V.P.Rajendran [2nd Respondent in W.A.No.2213/2002 and 10th Respondent in W.A.Nos.2212/2002 & 2196/2002]; Mr.B.Cheran [11th Respondent in W.A.No.2212/2002 and 3rd Respondent in W.A.No.2213/2002]; Mr.M.Dhandapani, Special Government Pleader [12th Respondent in W.A.Nos.2212/2002 and 2196/2002 and 6th Respondent in W.A.Nos.2213/2002 and 2195/2002]; Mr.AR.L.Sundaresan, Senior Counsel [ 13th Respondent in W.A.Nos.2212 & 2196/2002 and 4th Respondent in W.A.Nos.2195 & 2213/2002]. 4. Respondents 1 to 9 in W.A.No.2212/2002 and 1st Respondent in W.A.No.2213/2002 have filed Writ Petitions seeking for Writ of Mandamus to direct the Pharmacy Council of India to issue certificate to them as "registered Pharmacists". Writ Petitions were resisted by the Pharmacy Council of India contending that K.K. College of Pharmacy was not a recognised institution under Sec.12 of Pharmacy Act. https://hcservices.ecourts.gov.in/hcservices/ 5. Learned single Judge pointed out that K.K. College of Pharmacy [10th Respondent in W.A.No.2212/2002] has obtained approval from the State Government to start the college to impart pharmacy courses and also the approval was granted by All India Council for Technical Education [AICTE]. Pointing out the approval from the State Government and also AICTE, while allowing the Writ Petitions directed the Tamil Nadu Pharmacy Council to entertain applications from the students in both the Writ Petitions [Respondents 1 to 9 in W.A.No.2212/2002 and 1st Respondent in W.A.No.2213/2002] for entering their names in the Register maintained by the State Council and to forward them to the Central Council, the learned single Judge observed that AICTE Act which is the special enactment, in so far as laying down the norms and standards for courses shall override the provisions of Pharmacy Act. The observation of the learned single Judge reads as under:- " 13. ...... The AICTE Act is referable to Entry 66 of List I of Seventh Schedule to the Constitution of India. The AICTE Act covers the same field which was earlier covered by the Pharmacy Act, particularly laying down norms and standards of studies in the field of pharmacy. Therefore, in terms of Article 372 of the Constitution of India, the AICTE Act to the extent it covers the same filed as covered by the Pharmacy Act will prevail and the provisions of the Pharmacy Act to that extent would yield to the AICTE Act. When both the enactments are traceable to the power of the same legislature, on the same subject viz., the Parliament, the later enactment viz., the AICTE Act which is a special enactment insofar as laying down the norms and standards for courses etc., shall override the provisions of Pharmacy Act and the Education Regulation, 1991 insofar as it prescribes norms and standards for admissions and examinations to pharmacy course. Hence, provisions of Section 10 to 15 of the Pharmacy Act shall be deemed to be inoperative insofar they relate to admission of students, syllabi, course of study and the examination and for that matter, the approval for pharmacy course. Consequently, the provisions of AICTE Act alone shall regulate and control the colleges in the matter of laying down norms and standards for courses in pharmacy. When once the norms and standards prescribed by the AICTE is adopted by the college and the students have undergone the course under the prescribed syllabi, and the students were also allowed to sit for examination by the University on the strength of the application granted to the college and indisputed the students also became successful in the examination, neither the Central Pharmacy Council nor the State Pharmacy Council could insist for approval of the course under the provisions of the Pharmacy Act for entering the https://hcservices.ecourts.gov.in/hcservices/ names of those students in the register of pharmacist maintained by the State and Central Councils. ..." 6. Learned counsel for Respondents 1 to 9 submitted that Respondents 1 to 9/Students have been granted certificate of Registration and they were also registered as Pharmacists. It was also submitted that K.K. College of Pharmacy is also now recognised by the Pharmacy Council of India. Since Respondents 1 to 9 in W.A.No.2212/2002 and 1st Respondent in W.A.No.2213/2002 have now been registered as Pharmacists, the finding of the learned single Judge that AICTE Act shall override the provisions of the Pharmacy Act in so far as laying down the norms and standards for courses has now become purely academic. Since Respondents 1 to 9 in W.A.no.2212/2002 and 1st Respondent in W.A.No.2213/2002 have already been registered as Pharmacists, these Writ Appeals are disposed of leaving the above issue open to be considered in any other cases ,if necessity arise. 7. With the above observation, these Writ Appeals are disposed of. Consequently, connected M.Ps. are closed. In the circumstances of the case, there is no order as to costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar bbr To 1.The Vice Chancellor, The Tamil Nadu Dr. MGR Medical University, Guindy, Chennai-32. 2.The Secretary to Ministry of Education, Government of Tamil Nadu, Fort St. George, Chennai-9. 3.The Chairman, All India Council for Technical Education, New Delhi. 4.The Secretary, pharmacy Council of India, Combined Councils Building, Kotla Road, New Delhi. https://hcservices.ecourts.gov.in/hcservices/ 5.The Registrar, Tamil Nadu pharmacy Council, Government Shopping Complex, 1st Floor, 100 Feet Road, Vadapalani, Chennai-24 1 cc to Mr.N.Muralikumaran, Advocate, Sr.No.62211 1 cc to M/s.AL.Ganthimathi, Advocate, Sr.No.62287 1 cc to Government Pleader, Sr.No.62204, 62205 1 cc to Mr.R.Rengaramanujam, Advocate, Sr.No.62129 Common Judgment in W.A. Nos. 2212 & 2213 and 2195 & 2196/2002 JSV {CO} TP/16.9.2010. https://hcservices.ecourts.gov.in/hcservices/