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HomeEducationRestrictions Only by Law on Fundamental Right to Establish Educational Institutes: SC

Restrictions Only by Law on Fundamental Right to Establish Educational Institutes: SC

The Supreme Court said Thursday that the right to establish educational institutions is a fundamental right, but reasonable restrictions can be imposed by the state only by law, not as an executive order.

A bench of judges BR Gavai and PS Narasimha said: “Since we have held that the right to establish an educational institution is a fundamental right under Article 19(1)(g) of the Constitution of India, reasonable limitations on such right are imposed only by statute and not by executive order.”

The Supreme Court upheld the various Supreme Court rulings and dismissed the Pharmacy Council of India (PCI) appeal that was challenging them.

“We are of the opinion that the divisional bench of the Bombay High Court, Aurangabad Bench, does not determine the correct legal position in the said case. In our view, the position of the High Courts of Karnataka, Delhi and Chhattisgarh determines the correct position of the law,” it said.

“It is therefore clear that, while there is a fundamental right to establish educational institutions, it may be subject to reasonable restrictions, which are considered necessary in the public interest. However, the question to be answered is whether the same can be done by executive instructions or not.

The fact that an institution has the right to establish an educational institution, says the Supreme Court, does not mean that such an application must be granted. It added that in any area, if there are already more than enough institutions, the Central Council can always consider whether or not it is necessary to increase the number of institutions in such area.

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“However, a general ban on the establishment of pharmacy colleges cannot be imposed by an executive decree,” the bank said.

The Supreme Court’s verdict came on a series of appeals filed by the PCI against three similar but separate rulings from the Delhi, Chhattisgarh and Karnataka High Courts.

The high courts had allowed the pleas of several pharmacy institutions challenging the resolutions of July 17, 2019 and September 9, 2019 of the PCI, which imposed a moratorium on the opening of new pharmacy colleges in the country.

“We can see that there could indeed be a need to impose certain restrictions to prevent an explosive growth of pharmacy colleges. Such restrictions may be in the general public interest. However, if that has to be done, it must be done in strict accordance with the law,” said the highest court.

It said that if and when such restrictions are imposed by a competent authority, their validity can always be checked against the touchstone of the law.

“We therefore refrain from considering the rival submissions made on behalf of that company. It should further be noted that applications for approval for D. Pharm and B. Pharm courses must be accompanied by a ‘No Objection Certificate ( NOC)” from the state government and approval of affiliation from the member agencies. When examining such applications, the Council may always consider several factors before deciding whether to grant or deny such applications,” the bank said. .

The PCI resolutions were challenged by several private institutions in the three high courts, and the PCI moved the supreme court against the orders of the high courts.

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