Earlier this month, Sri Sai RR Institute of Pharmacy and Shri Badrinath College of Pharmacy (petitioner colleges) had filed writ petitions seeking directions to APJ Abdul Kalam Technical University (respondent university)  to grant conditional affiliation to the petitioner colleges, to organize special examinations for B. Pharm students and to permit the students of such colleges to participate in the said examinations in par with the provisions of the Pharmacy Act, 1948.

The Pharma council of India had granted approval to Sri Sai RR Institute to  operate the B. Pharma Course in furtherance of which the petitioner college applied to the respondent university to grant affiliation giving details of all infrastructure and faculty with the payment of a prescribed fee. However, the respondent university refused to grant affiliation on the ground that there existed  a state policy introduced in May 2020 which arbitrarily reduced the number of pharma colleges in a district. This policy was later struck down by the Allahabad high court which directed the respondent to allow the petitioner college to sit for counselling sessions. Consequently, the petitioner college was allowed temporary counselling code and subsequently admitted students to B.Pharma course. Nevertheless, the respondent university denied affiliation to petitioner colleges and other similar colleges on the ground that the timeline prescribed by All India Council for Technical Education (AICTE) had elapsed. 

The Supreme court bench led by Justice Hemant Gupta and Justice V. Balasubramanian heard the plea of the said parties. The bench brought it to the notice that  the   State   Government   after   considering   the recommendations made  by  the  Affiliation Committee has granted conditional affiliation to the petitioner colleges for admission in B. Pharma course in compliance with the order of the High Court. They were also of the opinion that the facts of the present case was almost similar to the facts of VIIT Pharmacy College & Anr v. Dr. APJ Abdul Kalam University where the grant of affiliation was denied on the ground that the timeline prescribed by AICTE was lapsed.

In final, the SC asked the respondent university to grant affiliation to the petitioner ­ Colleges for the Academic Year 2020-21 and also   permit   the   students   of   the   petitioner colleges to participate in the special examinations to be organized by the University   for   the   Academic   Year   2020­-21.

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Sri Sai RR Institute of Pharmacy  Vs. APJ Abdul Kalam Technical University