Varshney College of Pharmacy and Another v. State of U.P. and 4 Others

Court No. - 10 Case :- WRIT - C No. - 30871 of 2023 Petitioner :- Varshney College Of Pharmacy And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P. Singh,Himanshu Singh Counsel for Respondent :- C.S.C.,Rohit Pandey,Shivali Tripathi,Vaibhav Tripathi Hon'ble Kshitij Shailendra,J.

¶1Heard Sri J.P. Singh, learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 and 2, Ms. Shambhavi Tiwari, holding brief of Sri Rohit Pandey, learned counsel for the respondents no.3 and 4 and Sri Vaibhav Tripathi, learned counsel for the respondent no.5.

¶2One of the prayers contained in the writ petition is in terms of a writ of mandamus commanding the Registrar, Dr. A.P.J. Abdul Kalam Technical University, Lucknow to consider the petitioner's application dated 20.07.2023 made by the Principal of the College and to pass appropriate order within a stipulated period.

¶3It is contended that the application is still lying undisposed of, whereas the Pharmacy Council of India has already granted requisite permission/ affiliation to the petitioner-institution for session 2023-24, however, neither any formal letter of affiliation has been issued by the University nor any action is being taken.

¶4Ms. Shambhavi Tiwari, learned counsel appearing for the University, submits that there being certain time-lines fixed for moving application and the petitioner having not applied within the time-lines, the prayer sought cannot be granted, however, the said stand has been disputed by Sri J.P. Singh by referring to factual aspects of the matter, particularly pre-condition associated with the grant of recognition/affiliation by the Pharmacy Council of India.

¶5Be that as it may, the writ petition is disposed of directing the respondent no.4 (Registrar, Dr. A.P.J. Abdul Kalam Technical University, Lucknow) to pass appropriate orders on the petitioners' application dated 20.07.2023 on or before 31.12.2023, strictly in accordance with law after examining the relevant records, provided a certified copy of this order is produced before the respondent no.4 within two weeks from today. Order Date :- 2.11.2023/AKShukla/- High Court of Judicature at Allahabad