Lucknow, Aug 24 The Allahabad High Court's Lucknow bench on Monday raised several important questions over the requirement for institutions to obtain a no-objection certificate (NOC) from the state government before starting a Bachelor of Pharmacy (B. Pharm) course.
The court has sought a detailed response from the Pharmacy Council of India (PCI), along with relevant documents, on the issue.
A bench of Justices Rajan Roy and Manjive Shukla passed the order while hearing together a batch of pleas involving the PCI, the Uttar Pradesh government and various educational institutions.
The PCI has been directed to file an affidavit, if required, within two weeks.
The bench observed that under the Bachelor of Pharmacy Course Regulations, 2014, an institution seeking approval is required to have prescribed facilities, including buildings, accommodation, laboratories, equipment and teaching and non-teaching staff.
The court questioned why there was no prescribed format or clear criteria for issuance of an NOC by the state government.
The bench also questioned why an NOC was required for B. Pharm courses when no such arrangement existed for Diploma in Pharmacy (D. Pharm) courses.
The court directed the PCI to clarify the meaning and scope of the scheme referred to in Regulation 9. It also asked the state government to place on record one or two NOCs issued by it earlier as examples.
The bench further questioned the distinction between an NOC and consent for affiliation.
Prima facie, the court observed that affiliation was a matter concerning the university or the competent affiliating authority and could be considered after approval by the PCI. It observed that the PCI itself could conduct inspections to ascertain whether the institutions fulfilled the prescribed norms.
The court also questioned the government order dated October 31, 2025, under which the Uttar Pradesh government had done away with the requirement of an NOC at the initial stage of applications for B. Pharm courses. The PCI was asked whether it could challenge the said government order.
The bench will also examine the state government's jurisdiction to declare a zero session or impose a moratorium on B. Pharm and D. Pharm institutions or courses.
The matter has been listed for further hearing after two weeks.
