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Supreme Court of India 2020-03-05 disposed

The Pharmacy Council of India vs Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy and Ors. Etc

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

In Brief

The Supreme Court resolved a conflict between the Pharmacy Council of India (PCI) and the All India Council for Technical Education (AICTE) regarding regulation of pharmacy education. Pharmacy colleges had obtained AICTE approval to increase student intake, which PCI had denied, leading High Courts to favour AICTE. The Court held that the Pharmacy Act 1948 is a special law comprehensively governing pharmacy education and profession, while the AICTE Act 1987 is a general law on technical education. Applying the principle that special laws prevail over general laws, the Court ruled PCI has exclusive jurisdiction over pharmacy degree recognition and educational standards. Students already admitted under interim orders are protected and shall receive registration; future applications must follow PCI norms under the Pharmacy Act.

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Regulatory Law Professional Regulation Pharmacy Education Law Administrative Law Statutory Interpretation Conflict of Laws

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