Parshavanath Charitable Trust & Anr v. All India Council For Technical Education & Ors

1. Heard Mr. Ajay Pratap Singh, learned counsel for petitioner, Mr. Rahul Shukla, learned Additional Chief Standing Counsel for opposite parties no.1 & 2, Mr. D.K. Singh Chauhan, learned counsel for opposite party no.4 and Mr. Ravi Singh, learned counsel for opposite party no.3 has already advanced his submissions earlier.

2. On 10.02.2025, the following order had been passed:- "1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1 & 2, Mr. Ravi Singh, learned counsel for opposite party no.3 and Mr. D. K. Singh Chauhan, learned counsel for opposite party no.4.

2. Petition has been filed seeking a direction to State Government to permit 5th round of counseling for admission of D Pharm course pertaining to academic session 2024-2025 or by direct admission or any other process.

3. It has been submitted that in pursuance of directions issued by Hon'ble the Supreme Court in M.A. No.58376 of 2024, Parshavanath Charitable Trust & Anr. versus All India Council For Technical Education & Ors., petitioner's institution was granted conditional approval for intake of 60 seats for the said course for the academic year 2024- 2025 and petitioner's Institution was thereafter permitted to participate in the 3rd round of counseling, which ended.

4. However, learned counsel for petitioner submits that despite participation in the regular rounds of counseling, approximately half of the seats are still vacant for which a fresh round of counseling may be directed.

5. Learned State counsel however submits and is admitted by learned counsel for petitioner that in terms of Government Order dated 29.12.2023, direct admission by the Institutes is specifically prohibited in terms of paragraph 10(x) thereof.

6. In view of such submissions, learned counsel for opposite parties are granted three days' time to seek instruction in this matter as to whether any students who have participated in the regular examination for the said seats for the academic year concerned are still remaining who can be permitted to participate in any fresh round of counseling? Learned counsel for opposite parties shall also obtain instructions as to whether there is any provision for holding a fresh round of counseling, if any such students are still requiring allocation of any college. Instruction shall also be sought in case such a counseling is permitted, such students would be able to participate in the minimum prescribed classes for participation in first semester examination ?

7. List this case on 14.02.2025, as fresh."

3. In pursuance thereto, learned State counsel and learned counsel for opposite party no.4 have been provided written instructions dated 17.01.2025 and 13.02.2025 respectively which are taken on record.

4. Mr. Rahul Shukla, learned Additional Chief Standing Counsel for opposite parties no.1 & 2 on the basis of queries raised by this Court earlier submits that earlier 1,12,686 students had been found eligible for counseling and after the counseling process, 52,865 students were granted and took admission in the D-Pharm course in different colleges. It is also submitted that in pursuance of direction issued by Hon'ble the Supreme Court, petitioner's Institution also participated in third round of counseling and in case any of the students were interested in gaining admission in the petitioner's Institution, they would have applied for same. It is also submitted that in pursuance of earlier rounds of counseling, 38 students have already taken admission in the petitioner's Institution.

5. It is also submitted that the counseling process for the academic session 2024-25 has already been completed on 03.01.2025 with classes commencing from 08.01.2025.

6. Learned counsel also submits that due to various litigation, the session has already been delayed and has adverted to the notification dated

09.10.2020 issued by the Pharmacy Council of India notifying the Education Regulations 2020 for diploma course in pharmacy whereunder in Chapter II, Regulation V, it has been provided that the duration of course will be two academic years over a period of not less 180 working days and in addition thereto, there shall be 500 hours of practical training spread over a period of not less than three months.

7. In view thereof, it has been submitted that although petitioner's Institution does not have any right for special fifth round of counseling, even if the same is held and subsequent admissions are taken, students so enrolled would not be able to complete their course in terms of Regulations of 2020.

8. Learned counsel for opposite party no.4 has also adopted the same submissions and has also adverted to the letters dated 17.01.2025 and 13.02.2025 issued by the Secretary, Technical Education Government of U.P. to all the Principals/ Directors of the Institutions concerned reiterating the said fact that the session is already delayed and would require special extra and online classes to complete the courses in terms of Regulations of 2020.

9. Learned counsel for petitioner in rebuttal thereof submits that delay in the counseling process and consequent commencement of classes is on account of the opposite parties themselves for which the petitioner's Institution cannot be blamed or held at fault. It is submitted that once Supreme Court in the case of Parshavanath Charitable Trust & Anr. Versus All India Council for Technical Education & Ors. has already permitted counseling, such counseling is required to be completed by 24.02.2025, which can still be adhered to.

10. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident from the Regulations of 2020 issued by Pharmacy Council of India that a minimum 180 days of actual teaching classes in working days and 500 hours of practical training spread over a period of not less than three months is a compulsory requirement. As per the admitted situation, classes for the academic sessions 2024-2025 have already commenced on 08.01.2025 with the examination of first semester being scheduled in June 2025.

11. Evidently, even if special fifth round of counseling is directed to be held today, the admission process cannot be completed by 24.02.2025 and therefore in the considered opinion of this Court would lead to unnecessary complicated litigation since 180 days of actual teaching would be impossible leaving such students in a quandary.

12. It is also evident that in terms of directions issued earlier by Hon'ble the Supreme Court, a third round of counseling was directed in which petitioner's Institution also participated in terms of which, 38 students have already gained admission. It is evident that in case there were any other students desiring admission in the petitioner's Institution, they would have done so in the third round of counseling itself.

13. The counseling and admission process cannot be permitted to continue interminably which will have a deleterious effect on the students and their studies.

14. In view thereof, there does not appear to be any occasion to entertain this petition which being devoid of merits is dismissed at the admission stage itself. Parties to bear their own cost. Order Date :- 14.2.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Mr. Ajay Pratap Singh, learned counsel for petitioner, Mr. Rahul Shukla, learned Additional Chief Standing Counsel for opposite parties no.1 & 2, Mr. D.K. Singh Chauhan, learned counsel for opposite party no.4 and Mr. Ravi Singh, learned counsel for opposite party no.3 has already advanced his submissions earlier.

2. On 10.02.2025, the following order had been passed:- "1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1 & 2, Mr. Ravi Singh, learned counsel for opposite party no.3 and Mr. D. K. Singh Chauhan, learned counsel for opposite party no.4.

2. Petition has been filed seeking a direction to State Government to permit 5th round of counseling for admission of D Pharm course pertaining to academic session 2024-2025 or by direct admission or any other process.

3. It has been submitted that in pursuance of directions issued by Hon'ble the Supreme Court in M.A. No.58376 of 2024, Parshavanath Charitable Trust & Anr. versus All India Council For Technical Education & Ors., petitioner's institution was granted conditional approval for intake of 60 seats for the said course for the academic year 2024- 2025 and petitioner's Institution was thereafter permitted to participate in the 3rd round of counseling, which ended.

4. However, learned counsel for petitioner submits that despite participation in the regular rounds of counseling, approximately half of the seats are still vacant for which a fresh round of counseling may be directed.

5. Learned State counsel however submits and is admitted by learned counsel for petitioner that in terms of Government Order dated 29.12.2023, direct admission by the Institutes is specifically prohibited in terms of paragraph 10(x) thereof.

6. In view of such submissions, learned counsel for opposite parties are granted three days' time to seek instruction in this matter as to whether any students who have participated in the regular examination for the said seats for the academic year concerned are still remaining who can be permitted to participate in any fresh round of counseling? Learned counsel for opposite parties shall also obtain instructions as to whether there is any provision for holding a fresh round of counseling, if any such students are still requiring allocation of any college. Instruction shall also be sought in case such a counseling is permitted, such students would be able to participate in the minimum prescribed classes for participation in first semester examination ?

7. List this case on 14.02.2025, as fresh."

3. In pursuance thereto, learned State counsel and learned counsel for opposite party no.4 have been provided written instructions dated 17.01.2025 and 13.02.2025 respectively which are taken on record.

4. Mr. Rahul Shukla, learned Additional Chief Standing Counsel for opposite parties no.1 & 2 on the basis of queries raised by this Court earlier submits that earlier 1,12,686 students had been found eligible for counseling and after the counseling process, 52,865 students were granted and took admission in the D-Pharm course in different colleges. It is also submitted that in pursuance of direction issued by Hon'ble the Supreme Court, petitioner's Institution also participated in third round of counseling and in case any of the students were interested in gaining admission in the petitioner's Institution, they would have applied for same. It is also submitted that in pursuance of earlier rounds of counseling, 38 students have already taken admission in the petitioner's Institution.

5. It is also submitted that the counseling process for the academic session 2024-25 has already been completed on 03.01.2025 with classes commencing from 08.01.2025.

6. Learned counsel also submits that due to various litigation, the session has already been delayed and has adverted to the notification dated

09.10.2020 issued by the Pharmacy Council of India notifying the Education Regulations 2020 for diploma course in pharmacy whereunder in Chapter II, Regulation V, it has been provided that the duration of course will be two academic years over a period of not less 180 working days and in addition thereto, there shall be 500 hours of practical training spread over a period of not less than three months.

7. In view thereof, it has been submitted that although petitioner's Institution does not have any right for special fifth round of counseling, even if the same is held and subsequent admissions are taken, students so enrolled would not be able to complete their course in terms of Regulations of 2020.

8. Learned counsel for opposite party no.4 has also adopted the same submissions and has also adverted to the letters dated 17.01.2025 and 13.02.2025 issued by the Secretary, Technical Education Government of U.P. to all the Principals/ Directors of the Institutions concerned reiterating the said fact that the session is already delayed and would require special extra and online classes to complete the courses in terms of Regulations of 2020.

9. Learned counsel for petitioner in rebuttal thereof submits that delay in the counseling process and consequent commencement of classes is on account of the opposite parties themselves for which the petitioner's Institution cannot be blamed or held at fault. It is submitted that once Supreme Court in the case of Parshavanath Charitable Trust & Anr. Versus All India Council for Technical Education & Ors. has already permitted counseling, such counseling is required to be completed by 24.02.2025, which can still be adhered to.

10. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident from the Regulations of 2020 issued by Pharmacy Council of India that a minimum 180 days of actual teaching classes in working days and 500 hours of practical training spread over a period of not less than three months is a compulsory requirement. As per the admitted situation, classes for the academic sessions 2024-2025 have already commenced on 08.01.2025 with the examination of first semester being scheduled in June 2025.

11. Evidently, even if special fifth round of counseling is directed to be held today, the admission process cannot be completed by 24.02.2025 and therefore in the considered opinion of this Court would lead to unnecessary complicated litigation since 180 days of actual teaching would be impossible leaving such students in a quandary.

12. It is also evident that in terms of directions issued earlier by Hon'ble the Supreme Court, a third round of counseling was directed in which petitioner's Institution also participated in terms of which, 38 students have already gained admission. It is evident that in case there were any other students desiring admission in the petitioner's Institution, they would have done so in the third round of counseling itself.

13. The counseling and admission process cannot be permitted to continue interminably which will have a deleterious effect on the students and their studies.

14. In view thereof, there does not appear to be any occasion to entertain this petition which being devoid of merits is dismissed at the admission stage itself. Parties to bear their own cost. Order Date :- 14.2.2025 Subodh/- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench