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Supreme Court of India 2022-09-15 dismissed

PHARMACY COUNCIL OF INDIA vs RAJEEV COLLEGE OF PHARMACY AND ORS

Bench: 2 — B.R. Gavai, Pamidighantam Sri Narasimha

In Brief

The Supreme Court held that the Pharmacy Council of India's moratorium on opening new pharmacy colleges violated citizens' fundamental right to establish educational institutions under Article 19(1)(g). While reasonable restrictions on this right are permissible, they must be imposed by law enacted by the legislature, not by executive resolution. A statutory body's powers are limited to those expressly or impliedly authorized by its governing statute. The moratorium could not be imposed by executive instruction alone. The Court noted that individual applications may be evaluated on multiple factors, but blanket prohibitions cannot be imposed this way.

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