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Supreme Court of India 2020-03-05 allowed

THE PHARMACY COUNCIL OF INDIA vs DR.S.K.TOSHNIWAL EDUCATIONAL TRUSTS VIDARBHA INSTITUTE OF PHARMACYY AND ORS.ETC

Bench: 3 — Arun Mishra, Vineet Saran, M. R. Shah

In Brief

The Supreme Court resolved a long-standing conflict between the Pharmacy Council of India (PCI) and the All India Council for Technical Education (AICTE) over regulating pharmacy education. Multiple pharmacy colleges had increased student intake and introduced evening shifts with AICTE approval, but without PCI approval, leading to High Court litigation. The Court held that the Pharmacy Act, 1948 (a special law) prevails over the AICTE Act, 1987 (a general law). The PCI, comprising pharmacy experts, retains exclusive jurisdiction over pharmacy education—including course approval, degree recognition, and intake regulation. The AICTE lacks authority over pharmacy education despite "pharmacy" being mentioned in its definition of "technical education." Students already admitted under interim orders remain protected and eligible for registration.

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Education Law Regulatory Authority Pharmacy Statutory Interpretation Conflict of Laws

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