Pharmacy Council Of India Has Power To Increase Pharmacy Education Regulatory Charges: Telangana High Court

The Telangana High Court has upheld the notifications issued by the Pharmacy Council of India (PCI) which increased the Pharmacy Education Regulatory Charges (PERC) for the Academic Year 2023-24, to be the paid by the Institutions running the pharmacy courses. It said PCI has power to issue regulations under the Pharmacy Council of India Act, 1948 (PCI Act) and revised PERC to meet its objectives.

The single judge bench comprising Justice K. Lakshman observed:

“PCI is having power to issue regulations under the PCI Act, it has issued the aforesaid regulations. They have obtained opinion of Expert Committee and the same was considered in its Executive Committee meeting dated 16.06.2022 and issued notification dated 02.02.2023 and 08.02.2023. Therefore, there is no irregularity in the same.”

The PCI has issued two notifications dated February 2, 2023 and February 8, 2023 respectively for the Academic Year 2023-24 to the extent of increasing PERC to be paid by the petitioner Institutions for the courses of Bachelor of Pharmacy (B. Pharma), Doctor of Pharmacy (Pharm-D) and Master of Pharmacy (M. Pharma).

The petitioners (Registered Societies and Colleges run by the said Registered Societies) filed the writ petition before the High Court to declare the above mentioned impugned notifications as illegal and to direct PCI not to charge any amount towards Annual Pharmacy Education Regulation Charges in excess of the amounts specified in the notification dated May 4, 2018.

The petitioners submitted that there is no provision in PCI Act which provides to increase fee by the PCI (respondent no. 1) and PCI has issued the impugned notifications for enhancing the fee without following the proper procedure laid down in PCI Act.

The PCI contended that it has power to regulate Pharmacy Education as per the PCI Act. It was further submitted that PCI Act is a special statute and it will prevail over the other Acts.

The PCI submitted that the impugned notifications were issued after obtaining the advice of the members of the Expert Committee.

The Court noted that PCI is a statutory body which not only regulates the profession of Pharmacy itself but also plays a vital role in regulating entry into the profession, laying down minimum standards of education, approving the courses and examination which constitute appropriate qualifications to be registered as a pharmacist under Section 32(2) of the Act.

The Court observed:

“Thus, the aforesaid facts would reveal that the 1^st respondent is having power to frame regulations in terms of Section 10 of the PCI Act and accordingly by invoking the said powers, 1^st respondent had issued aforesaid regulations. It has power to revise PERC.”

It was further observed by the Court that the Executive Committee (EC) after considering various aspects took the decision to revise PERC in the EC meeting of PCI dated June 16, 2022 which was not challenged by the petitioners.

The Court opined:

“Thus, according to this court, the 1^st respondent is having power to issue revised PERC to meet its objectives and it has also obtained the opinion of the Experts Committee consisting of the aforesaid members. Therefore, according to this Court, there is no error in the notifications dated 02.02.2023 and 08.02.2023. The Contention of the petitioners that they have submitted proposals to TAFRC in 2018 on the said date, PERC issued vide notification dated 04.05.2018 were enforced and therefore, 1^st respondent cannot issue notifications dated 02.02.2023 and 08.02.2023 enhancing PERC cannot be considered.”

The Court noted that PCI has taken the opinion of the Expert Committee constituted in terms of Section 3 of the PCI Act while issuing the impugned notification.

The Court held that it cannot substitute its view by exercising its power under Article 226 of the Constitution as the petitioners have failed to establish arbitrariness, procedural violation, jurisdiction with regard to the issuance of impugned notifications.

Thus, the Court dismissed the writ petitions.

Case Title: Kennedy Educational Society v. The Pharmacy Council of India & Anr. with other related petitions

Coram: Justice K. Lakshman

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