Chandraprabha Shivsagar College Of Pharmacy & Anr. vs. Pharmacy Council Of INDIA
Held
The Court disposed of the writ petition without going into the merits of the case. Regarding prayer (a), the Petitioners were granted liberty to take recourse to appropriate remedies before the appropriate forum. Regarding prayer (b), the Court directed the Respondent to consider the case of the Petitioners for refund of Rs. 7,08,000/-, including 18% GST, paid towards their application for the B.Pharm Course for the academic session 2025-2026, in accordance with law. The Respondent was directed to take a decision within four weeks from the date of the order and communicate a reasoned and speaking order to the Petitioner within one week of the decision. The Petitioners were also granted liberty to pursue further legal remedies if any grievance survived or arose subsequently. The ratio decidendi is that administrative authorities must consider refund claims in accordance with law and within stipulated timelines, even if the court does not delve into the merits of the claim itself.
Facts
The Petitioners, Chandraprahha Shivsagar College of Pharmacy & Anr., filed a writ petition before the Delhi High Court. They sought a writ of mandamus to compel the Respondent, Pharmacy Council of India (PCI), to activate the payment tab for re-payment of processing fees for extension of approval of their D.Pharm course and for approval of a B.Pharm course for the academic session 2026-27. Alternatively, they sought a refund of Rs. 7,08,000/-, including 18% GST, paid as processing fee towards the application for the B.Pharm course for the academic session 2025-26.
Key Issues
1. Whether a writ of mandamus should be issued directing the Respondent to activate the payment tab for the Petitioners to make re-payment of processing fees for course approvals for the academic session 2026-27? 2. Whether the Petitioners are entitled to a refund of Rs. 7,08,000/-, including 18% GST, paid towards the application for the B.Pharm course for the academic session 2025-26? Arguments for the Petitioners: Regarding prayer (a), the Petitioners, on instructions, did not press this relief and sought liberty to pursue appropriate remedies. Regarding prayer (b), the Petitioners contended that the Respondent is liable to refund the processing fee of Rs. 7,08,000/- including 18% GST paid for the B.Pharm course application for the academic session 2025-26, and thus, a direction should be issued to the Respondent to consider their case for refund. Arguments for the Respondent: The Respondent accepted notice. The judgment does not record any specific arguments made by the Respondent on the merits of the refund claim.
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Cause title — parties, addresses and appearances
O R D E R %
2025
This writ petition is filed on behalf of the Petitioners under Article 226 of the Constitution of India seeking the following reliefs:- “a) issue a writ of mandamus or any other suitable writ, order or direction to respondent to activate payment tab of petitioner institute enabling it to make re-payment of processing fee for extension of approval of its existing D.Pharm course & for approval of B.Pharm course for academic session 2026-27; and/or b) issue a writ of mandamus or any other suitable writ, order or direction to respondent to refund the processing fee of Rs. 7,08,000/- (Rs. Seven Lakhs Eight Thousand Only) including 18% GST paid by petitioners towa
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