High Court Finds No Urgency to Intervene in D. Pharma Counseling; Directs State to Consider Affiliation of PCI-Approved College

Headnote:

The Allahabad High Court declined interim interference during Dussehra vacation in a plea by V N B P College of Pharmacy, Gorakhpur seeking inclusion in the second round of counseling for the D Pharma course (session 2025–26). The Court noted that the petitioners had approval from the Pharmacy Council of India (PCI) but their affiliation request was pending. Since the counseling process was ongoing till 30 October 2025 and the Supreme Court had already safeguarded institutions’ rights by directing a special counseling process for PCI-approved colleges, no immediate urgency was made out. The Court directed the authorities to consider the petitioners’ affiliation application in light of earlier High Court and Supreme Court directions and listed the matter for further hearing.

Background:

1. The petitioner institution had PCI approval for 2025–26 to run the Diploma in Pharmacy (D Pharma) course.
2. The grievance was that despite approval, their name was not included in the 2nd round of counseling conducted by the Board of Technical Education, U.P., and the Joint Entrance Examination Council, U.P.
3. Petitioners sought mandamus for:

Inclusion in the second round of counseling.

Extension of the benefit of the earlier judgment in Writ C No. 7273 of 2025 (19.08.2025).

Any other writ/directions deemed fit.

Court’s Observations:

1. The matter was heard during vacation, but no grave urgency was shown since counseling was open till 30 October 2025.
2. The Supreme Court in SLP(C) No. 21757/2025 (State of U.P. v. Ram Newaj Singh College of Pharmacy) had observed that PCI-approved colleges’ rights were protected through the mechanism of a special counseling process.
3. Therefore, petitioners cannot claim exclusion from counseling.
4. The application for affiliation will be considered by respondent authorities in line with: Allahabad High Court’s earlier directions in Writ C No. 7273 of 2025.
5. The timeline fixed by the Supreme Court in Parshavanath Charitable Trust v. AICTE (Civil Appeal No. 9048/2012).
6. Petition was adjourned to 07.10.2025 for fresh hearing.

Legal Provisions Discussed:

1. Article 226, Constitution of India – Writ jurisdiction of High Courts.
2. State of U.P. & Ors. v. Ram Newaj Singh College of Pharmacy & Ors., SLP(C) No. 21757/2025 – SC protection of PCI-approved colleges’ rights.
3. Parshavanath Charitable Trust & Ors. v. AICTE & Ors., Civil Appeal No. 9048/2012 – SC directions regarding affiliation timelines.
4. Writ C No. 7273 of 2025, Allahabad HC – Precedent for similar PCI-approved colleges.

Citation: 2025: ALL:9877

Case: V N B P College of Pharmacy, Gorakhpur Thru. Secy., Rajesh Kumar Yadav & Ors. v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education, Lko. & Ors.

Court: High Court of Judicature at Allahabad, Lucknow Bench

Coram: Hon’ble Justice Alok Mathur

Date of Decision: 30 September 2025

Writ Petition (C): No. 9877 of 2025