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PCI, AICTE dual control over pharmacy education resulting in duplication of approval process

Lucy Fernandes, Mumbai
Monday, October 09, 2017, 08:00 Hrs  [IST]

The dual regulation of pharmacy education by Pharmacy Council of India (PCI) and All India Council for Technical Education (AICTE) is not only creating hardship to all stakeholders but also results in duplicate activities by different statutory authorities leading to overlapping of dates and approval processes.

Dr B Suresh, president, PCI, said that the situation has arisen due to multiplicity of statutory authorities regulating the pharmacy education such as PCI, AICTE, State Govt., Universities, Boards, etc. The different regulatory bodies have different calendar for granting approvals and these calendars are not interwoven/parallel to each other. PCI several times raised these issues before the competent authorities to resolve the issue of dual regulation including various judicial platforms. Now also this issue is pending for the consideration of Supreme Court of India. Since the matter is sub-judice, it is not right at this stage to give further comments/ information about it.

The AICTE does not inspect the institution and based on the self declaration by an institution decision regarding approval or otherwise is taken. Whereas, it is mandatory for PCI u/s 16 of the Pharmacy Act to inspect each and every institution and give them time for rectification of the deficiencies if pointed out in the inspection report before considering approval which becomes a tedious process and needs processing time and also submission of certain documents as a prerequisite for taking appropriate decisions.

According to PCI, In 1994, Gandhi College of Pharmacy approached the Punjab and Haryana High Court for 120 admissions. The court vide order dated 12. 5.1995 upheld that in terms of article 372 of the Constitution, the AICTE Act, to the extent it covers the same field as covered by Pharmacy Act, will prevail and the provisions of Pharmacy Act to that extent stand repealed or altered.

The PCI filed an appeal before the Division Bench of Punjab and Haryana High Court on 6.9.1995 which stated that they are in agreement with the findings of learned single judge and no interference is called for. The PCI filed an appeal in Supreme Court and the court dismissed the appeal and left open the question raised before the High Court to be considered in an appropriate case. Now also an appeal on the issue of PCI Vs. AICTE is pending in Supreme Court of India, Suresh added.

The Punjab and Haryana High Court judgement of 2017 has been passed by High Court in cases where PCI has granted approval in 2017 not following the calendar of dates prescribed in Parshvanath Vs ACTE judgement passed by Supreme Court. The situation has arisen due to multiplicity of various statutory authorities and different regulatory bodies have different calendar for granting approval.

 

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RKK Oct 12, 2017 8:10 AM
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