New Delhi, September 16
The Supreme Court has dismissed the Pharmacy Council of India’s (PCI) petitions challenging the decision of Chhattisgarh, Delhi and Karnataka High Courts which set aside the moratorium imposed by the council on starting new pharmacy colleges for five years.
Terming the right to establish educational institutions as a fundamental right, a Bench of Justice BR Gavai and Justice PS Narasimha said the state could impose reasonable restrictions “only by a law” and not by an executive order.
The Bench, however, noted that there could indeed be a necessity to impose certain restrictions in the larger general public interest to prevent mushrooming growth of pharmacy colleges.
Through its resolutions dated July 17, 2019 and September 9, 2019 resolutions, the PCI had announced a moratorium on opening of new pharmacy colleges in India. The three high courts had allowed petitions filed by pharmacy institutions against the two resolutions and set aside the moratorium.
On Thursday, the top court dismissed the PCI’s appeal against the high courts’ verdicts, saying the right to impose restrictions on opening new pharmacy colleges cannot be exercised merely by an executive action.
“Though there is a fundamental right to establish educational institutions, the same can be subject to reasonable restrictions, which are found necessary in the general public interest… reasonable restrictions on such a right can be imposed only by a law and not by an execution instruction,” the top court said, endorsing the view taken by the High Courts of Karnataka, Delhi and Chhattisgarh.
The top court said executive instructions cannot be used to impose restrictions on the fundamental right to establish educational institutions under Article 19(1)(g) of the Constitution and held that the appeals of PCI are liable to be struck down on this short ground.
