A landmark Judgment: Redefining Regulation in Indian Technical and Professional Education

In a landmark ruling that promises to reshape the landscape of Indian technical and professional education, the High Court of Delhi has delivered a judgment quashing the Pharmacy Council of India’s (PCI) mandate requiring annual re-approvals for conducting pharmacy courses. This historic decision is a significant step towards liberating educational institutions from the burden of over-regulation and exorbitant approval extension fees, marking a significant moment in Indian education history.

The Judgment: Key Highlights

The case involved multiple pharmacy colleges challenging PCI’s requirement to annually reapply for approval to conduct courses such as B. Pharm, M. Pharm, D. Pharm, and Pharm. D. The court ruled that:

1. Single Approval Valid for Course Duration: Once granted, the approval for conducting pharmacy courses is valid for the entire duration of the course. The PCI’s demand for annual re-approval was deemed illegal and inconsistent with the Pharmacy Act, 1948.
2. Quashing of Specific Clauses: The court specifically quashed Clauses 10(ii), (iii), and (iv) and Clause 11(v) of PCI's communication dated December 14, 2023, which mandated yearly applications for continuation of approval.
3. Elimination of Annual Fees: The court declared the requirement for institutions to pay yearly continuation fees (PERC) unlawful. This ruling frees institutions from the financial strain imposed by annual approval extension charges.
4. Broad Applicability: The judgment applies to all similar cases, setting a precedent that can be leveraged by other educational institutions facing similar regulatory challenges.

Empowering Institutions: Aligning with NEP 2020

This judgment aligns with the ethos of the National Education Policy (NEP) 2020, which aims to overhaul the Indian education system to make it more inclusive, flexible, and student-centric. NEP 2020 emphasizes reducing bureaucratic obstacles and fostering a more autonomous and self-regulated educational framework. The High Court’s decision is a step forward in realizing these goals by:

1. Reducing Over-Regulation: NEP 2020 advocates for the simplification of regulatory processes. By eliminating the need for annual re-approvals, the judgment reduces unnecessary regulatory burdens, allowing institutions to focus more on quality education rather than administrative compliance.
2. Financial Relief for Institutions: The removal of annual extension fees aligns with NEP’s objective of reducing financial pressures on educational institutions, particularly self-funded ones. This can lead to more equitable access to resources and better allocation of funds towards improving educational infrastructure and quality.

A Step Towards Educational Reform

Prime Minister Narendra Modi’s vision for a new India under NEP 2020 is to create a world-class education system that is free from outdated regulatory practices and financial exploitation. This judgment supports the Prime Minister’s mission by ensuring that educational institutions can operate without the oppressive weight of annual financial and administrative hurdles.

As Chairman of ASSOCHAM National Council on Education, and Mentor of Centre for Education Growth and Research , I see this judgment as an empowering tool for institutions, reinforcing their autonomy and capacity to deliver quality education. It aligns with our continuous advocacy for reducing the cost of education and improving Gross Enrollment Ratios (GER) by eliminating redundant regulatory barriers.

A Call to Action for Regulatory Authorities

In light of this historic judgment, we urge the authorities of all regulatory councils, including AICTE, BCI, NCISM, and others, to review their acts and regulations. It is crucial to curb practices that impose unnecessary financial burdens and administrative hurdles on educational institutions. By doing so, we can collectively work towards fostering an environment that prioritizes quality education and innovation over bureaucratic constraints.

Conclusion

This historic judgment by the Delhi High Court marks a transformative moment in Indian education, aligning closely with the visionary NEP 2020. By dismantling cumbersome and costly regulatory requirements, it paves the way for a more autonomous, equitable, and quality-driven educational system. The ripple effects of this ruling could potentially reshape the regulatory landscape across various professional fields, fostering an environment where educational institutions can thrive without the shackles of over-regulation.

Educational stakeholders across India will be closely watching how this judgment influences other regulatory bodies, hoping for a broader application that could herald a new era of educational reform and empowerment. This decision stands as a testament to the judiciary’s role in promoting a more just and efficient educational framework, in line with the aspirations of a progressive and self-reliant India envisioned by our Hon’ble Prime Minister.

Case File No.: WP(C) 617/2024 | Court: High Court of Delhi | Date of Order: 01/07/2024