M L College Of Pharmacy & Anr. vs. Pharmacy Council Of INDIA

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W.P.(C)/11668/2025HC DelhiGSTCNR DLHC01053875202505 August 2025Bench: HON'BLE MR. JUSTICE VIKAS MAHAJAN2 pages
For Petitioner: Mr. Amitesh Kumar and Ms. Priti Kumari, AdvocatesFor Respondent: Mr. Ajay Kumar Singh, Mr. Yatharth Singh and Mr. Divesh Kumar, Advocates
AI SummaryAllowed

Facts

The petitioners, M L College of Pharmacy & Anr., are an existing self-financed pharmacy institution that had obtained approval from the Pharmacy Council of India (PCI) for running a D.Pharm course for the academic year 2024-2025. When they applied for an extension of approval for the academic session 2025-2026, they found the PCI's website indicated a fee of Rs.3,54,000/-. The petitioners argued that this amount was for new institutions, and the prescribed fee for extension of approval was Rs.1,00,000/- plus 18% GST, totaling Rs.1,18,000/-. The PCI, through its deputy secretary, had returned a demand draft of Rs.1,18,000/- paid by the petitioners. The petitioners sought to quash this letter and sought directions to allow them to submit the processing fee of Rs.1,18,000/- and have their application processed.

Held

The Court held that the fee for extension of approval for the D.Pharm course for the academic session 2025-2026 is Rs.1,00,000/- plus 18% GST, amounting to Rs.1,18,000/-. This finding was based on the admission made by the learned standing counsel for the respondent/PCI. The Court reasoned that the higher fee of Rs.3,54,000/- reflected on the website was applicable to new institutions, not for extensions. The ratio decidendi is that the fee structure for extension of approval for existing institutions must be adhered to as prescribed, and any contrary reflection on the portal or action based on an incorrect fee is unsustainable. The Court directed the respondent/PCI to allow the petitioners to deposit Rs.1,18,000/- for the extension of approval and to make necessary corrections on its portal within one day to enable the petitioners to submit their online application and deposit the amount before the last date of 07.08.2025.

Key Issues

1. Whether the fee for extension of approval for the D.Pharm course for the academic session 2025-2026 is Rs.1,18,000/- (including GST) or Rs.3,54,000/-. This issue turns on the interpretation of the fee structure prescribed by the Pharmacy Council of India for existing institutions seeking extension of approval. The petitioners argued that the fee for extension is Rs.1,00,000/- plus 18% GST, totaling Rs.1,18,000/-, citing the prescribed fee for extension. The respondent (PCI) did not present arguments against this, but a representative of the PCI, on a query from the Court, fairly stated that the fee for extension of approval is indeed Rs.1,00,000/- with GST of 18%.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~151 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11668/2025 and CM APPL. 47754/2025 M L COLLEGE OF PHARMACY & ANR. .....Petitioners Through: Mr. Amitesh Kumar and Ms. Priti Kumari, Advocates. versus PHARMACY COUNCIL OF INDIA .....Respondent Through: Mr. Ajay Kumar Singh, Mr. Yatharth Singh and Mr. Divesh Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R %

05.08.

2025

1.

The present petition has been filed by petitioners seeking following reliefs: “a) issue a writ of certiorari or any other suitable writ or order quashing & setting aside the impugned letter dated 10.06.2025 of deputy secretary PCI returning the processing fee of Rs.1,18,000/- paid by petitioner by way of demand draft for extension of approval of D. Pharm course for academic session 2025-26; b) issue a writ of mandamus or any other suitable writ or order or direction to allow the petitioner to submit processing fee of Rs.1,18,900/- either by way of demand draft or through online portal with consequential direction to accept the same and process petitioner's application for extension of approval of D. Pharm course for academic session 2025-26 in a time bound manner.”

2.

The case set out by petitioners in the present petition is that petitioners This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2025 at 12:11:40

are an existing self-financed pharmacy institution which was granted approval by Pharmacy Council of India (PCI) for running D.Pharm course during the academic year 2024-2025. However, when petitioner applied for extension of approval, it was found that payment of Rs.3,54,000/- reflected on the website towards the fee for such extension.

3.

Mr. Amitesh Kumar, leaned counsel appearing on behalf of petitioners submits that payment of Rs.3,54,000/- is applicable to new institution whereas for the purpose of extension of approval, fee prescribed is Rs.1,00,000/- with GST @ 18%. Thus, the total amount payable in case of extension of approval is Rs.1,18,000/-.

4.

On a pointed query posed by the Court, Mr. Ajay Kumar Singh, learned standing counsel appearing on behalf of respondent/PCI fairly states that fee in case of extension of approval is Rs.1,00,000/- with GST of 18%.

5.

Having regard to the statement made by Mr. Singh, the petition is disposed of with a direction to respondent/PCI to allow petitioners to deposit an amount of Rs.1,18,000/- for the purpose of seeking extension of approval of its D. Pharm course for the academic session 2025-2026. 6. To ensure compliance of these directions, respondent/PCI is further directed to make correction on its portal within a day, so as to enable the petitioner to submit the online application and deposit the amount as mentioned above before the last date, i.e., 07.08.2025. 7. In view of the above, petition stands disposed of.

8.

Pending application stands disposed of.

VIKAS MAHAJAN, J AUGUST 5, 2025/jg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/08/2025 at 12:11:40

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.