THE PHARMACY COUNCIL OF INDIA v. DR. S.K. TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA
Case at a glance
Provisions considered
- All India Council of Technical Education Act, 1987
- Applicability of the Pharmacy Act, 1948
- AICTE Act, 1987
- Pharmacy Act, 1948
- Preamble of the Pharmacy Act, 1948
- Statement of Objects and Reasons for the AICTE Act
- Architects Act, 1972
- Architecture Act, 1972
- Statement of Objects and Reasons of the Pharmacy Act
- Statement of Objects and Reasons of the AICTE Act
- Colleges and the AICTE Act
- Constitution of India art. 372
- Statement of Objects and Reasons for the Pharmacy Act
Key paragraphs
- Para 1010. In view of the above and for the reasons stated above, it is held 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.…
Judgment
#10. In view of the above and for the reasons stated above, it is held 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. The norms and regulations set by the PCI and other specified authorities under the Pharmacy Act would have to be followed by the concerned institutions imparting education for degrees and diplomas in Pharmacy, including the norms and regulations with respect to increase and/or decrease in intake capacity of the students and the decisions of the PCI shall only be followed by the institutions imparting degrees and diplomas in Pharmacy. The questions are answered accordingly. [Para 21][753- E-F] UPSEB v. Hari Shanker Jain (1978) 4 SCC 16 : [1979] 1 SCR 355; LIC of India v. D.J. Bahadur (1981) 1 SCC 315 : [1981] 1 SCR 1083; Yakub Abdul Razak Memon v. State of Maharashtra (2013) 13 SCC 1 : [2013] 15 SCR 1; R.S. Raghunath v. State of Karnataka (1992) 1 SCC 335 : [1991] 1 Suppl. SCR 387; AICTE v. Shri Prince Shivaji Maratha Boarding House’s College of Architecture (2019) SCC Online SC 1445 : (2019) 16 SCALE 421 – relied on.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.