AQEEL AHMED ABBASI, J.--We have heard the learned counsel for the parties at great length and perused the entire record and the relevant provisions of Pharmacy Act, 1967, with their assistance. Prima-facie, it appears that Federal Urdu University of Arts, Scien ce and Technology , which is a Public Sector University , obtained approval/NOC in terms of Sections 18 and 19 of Pharmacy Act 1967 (XI of 1967) for the Degree in "D" Pharmacy (five years) for the morning programme , thereafter , university offered the simila r five years programme in the evening and given admission to the students in such programme as well, whereas, about 245 students during 2010-2015 continued their studies in the evening five year programme. However , subsequently , in the year 2015, Pakistan Pharmacy Council, took cognizance of the matter about evening programme introduced by the Federal Urdu University of Arts, Science and Technology without obtaining permission/NOC in terms of Section 18 of Pharmacy Act 1967 (XI of 1967), and issued Notices to the University and also stopped further admissions in "D"
Pharmacy evening programme for the session 2015 onward. In the year 2016, when the examinations of "D"
Pharmacy of 1st and 2nd batches for the final year were scheduled to be held, the University did not issue the examination forms and the admit card to the students who have filed instant petition(s) with the following common prayer:- * To direct the respondents Nos:3 to 5 fulfill the requirement of Pharmacy Council of Pakistan while future life/education of students can be saved. * To direct the respondent No,2 to register the university/evening program and issued to license to pass out students.
To direct the respondent's Nos,3 to 5 to cancel the exam until recognized/registered the university with the Pakistan Pharmacy Council.
To award any other or further order which this Hon'ble Court may be pleased to deem fit and proper under the circumstances of the case.
2. Notices of the instant petition(s) were issued to the respondents, who filed their respective comments. From perusal of the comments filed on behalf of the Pharmacy Council of Sindh, it transp ired that since the Federal Urdu University of Arts, Science and Technology did not obtain the approval and NOC for the evening programme of "D"
Pharmacy in terms of Sections 18 and 19 of Pharmacy Act 1967 (XI of 1967), therefore, the evening programme has not been approved nor any NOC has been issued so far by the Council of Pharmacy . During the course of hearing of instant petition, various orders have been passed in the instant petitions, directing the respondents to allow the petitioners to appear in the forthcoming examination, whereas the respo ndents were further directed to examine the case of the petitioners in terms of relevant Law, Rules and Regulations, so that the academic career of the students of "D" Pharmacy in the evening programme shall not suf fer.
3. It appears that during pendency of instant petition, and pursuant to Court's directions, efforts were made by the respondents, resultantly , there was a settlement between the Federal Urdu University of Arts, Science and Technology and Pharmacy Council of Pakistan along with Pharmacy Council of Sindh. during the meeting held on 03.12.2016, whereas, Director General, Higher Education Commission stood as guarantor in such settlement.
Copy of such minutes has been placed on record by the learned counsel for respondent No,4/University , according to which, it was agreed as follows:- "It was unanimously agreed as under:-
1. Both the parties will appear before the Honorable Sindh High Court in its forthcoming hearing of December 6, 2016. The Registrar FUUAST will intima te the Court that the matter has been resolved between the PCP and FUUAST . As a first step the imposed fine on FUUAST will be paid to Pharmacy Council in installments and first cheque of the installment will be paid to the Council before the Honorable Sindh High Court in its next hearing on December 6,2016.
2. The PCP will accept the amount on the above terms and will initiate the process of accreditation of the evening program of the FUUAST by conducting inspection by the PCP .
3. The HEC will ensure the implementation of the above accord between the FUUAST and the PCP. HEC stands guarantor for this settlement.
The Chairman, HEC instructed the university to follow the instructions given with regard to the recognition of the said program. The Chairman, HEC further desired that the University must comply with all per requisite requirements before commencement of any new program in the university .
The meeting concluded with the vote of thanks to the chair .
(Sd.) (Sd.)
Prof.Dr .Mr. Suleman D.Muhammad, Dr. A.Q. Javed Iqbal Acting V ice-Chancellor , FUUSA T. Vice President/Acting Secretary , Pharmacy Council of Pakistan Sd/- Sd/- Dr. Muhammad Sarim Mr. Tanvir Ahmed Siddiqui, Registrar , FUUSA T Secretary Pharmacy Council of Sindh Sd/- Sd/- Dr. Arfa Akram, Dr. Mohammad Rafiq Baloch, In charge Faculty of Pharmacy , Director General QAA, HEC.
FUUSA T.
Sd/- Mr. Shahid Khalid, Law Of ficer, HEC "
4. On 21.11.2017, when the matter was fixed in Court, Court was informed that pursuant to above settlement in the meeting, the result of the petitioners and other students of "D" Pharmacy has been announced, whereas, they have also been issued degrees as well by the University . It will be advantageous to reproduce hereunder the relevant portion of the order passed on 21.11.2017, which also contained certain directions for the Pharmacy Council of Pakistan, which reads as follows:- "We have considered the matter . Entire ly without prejudice to the case of either the Pharmacy Council or the University , let the Dean of Pharmacy under statement file details and particulars of the around 90 students who have already been awarded degrees as of today . Needful to be done within one week. Simultaneously this list will be provided to the Pharmacy Council shall at once initiate the process of registerin g them under the Pharmacy Act 1967. The Secretary states that the process of registration as per the Act and applicable regulations and practice and procedure of the Council would take around three months. However , the exact amount of time that the Pharmacy Council will be entitled in this regard will be determined on the subsequent date."
Learned counsel for the respondent/University has submitted that the above agreement has been acted upon in substance, whereas, an amount of Rs,4.8 million has already been paid by the University towards penalty to Pharmacy Council of Pakistan and thereafter , degrees to the succeeding petitioners and students of 1st and 2nd batches have also been issued by the University accordingly . Pursuant to above order of the Court, further comments have been filed on behalf of Pharmacy Council, wherein, it has been stated that the matter has been resolved substantially between the parties and policy decision has been taken in a meeting held on 22.08.2017, wherein, it has been resolved that the issue of students of "D" Pharmacy in various Universities and Institutions all over Pakistan, which could not obtain the NOC and approval of the course in terms of Sections 18 and 19 of Pharmacy Act 1967 (XI of 1967), will be resolved subject to imposition of penalty i,e, 50% of the fee received from the each student during aforesaid period , whereas, pre-registration/exit test from the students shall also be taken by the Council.
5. Learned counsel for the petitioners and the learned counsel for the Federal Urdu University have vehemently opposed and criticized such decision of the Pharmacy Council relating to conducting exams by the Council, and have argued that in law, there is no provision, whereby , the Pharmacy Council can impose such condition to conduct pre-registration/exit test from the students who have otherwise been issued the Degrees by a Public Sector University , whereas, "D" Pharmacy degree course of Federal Urdu Unive rsity is already recognized and approved by the Pharmacy Council of Pakistan. At this juncture. Mr. Tanveer Ahmed Siddiqui, Secretary , Pharmacy Council of Sindh present in Court submits that "D" Pharmacy (5 years) Degree Course of Federal Urdu University of Arts Science and Technology is accredited and approved for morning course only, and not for the evening course, therefore, it cannot be presumed that the courses offered by the Federal Urdu University of Arts, Science and Technology in the evening session were also approved in accordance with law. The Secretary . Pharmacy Council of Sindh present in Court was confronted to refer to any provisions of Law, Rules or Regulation, whereby , a Degree/course, which otherwise has been given accreditation and issued NOC in terms of Sections 16 and 19 of the Pharmacy . Act, 1967 for the morning classes also requires a separate accreditation and NOC in terms of Sections 18 and 19 of the Pharmacy Act, 1967 for evening classes as well. In response to such query , he could not refer to any relevant Law, Rules or Regulation to this effect, however , submits that same procedure for approval and NOC in terms of Sections 18 and 19 would apply in case of evening programme as well. Learned counsel for the petitioners as well as the respondents and the learned DAG have submitted that prima facie, there is no requirement of Law, Rule and Regulation, which would mandate fresh accreditation, approval or NOC in respect of same degree/course, which otherwise has been recognized by the Pharmac y Council, however , merely , a restriction can be imposed on number of students in terms of regulation 7 of the Pharmacy Council of Pakistan (Doctor of Pharmacy Degree Course) Regulation, 2005.
6. We have heard the learned counsel for the parties and perused the record as well as relevant provisions of the Pharmacy Act 1967 (XI of 1967) and the Regulations made thereunder , and have also examined the peculiar facts and circumstances of the instant case. It is regretted to observe that the petitioners along with other students of "D"
Pharmacy , who were given admission in the Federal Urdu University of Arts. Science and Technology (a Public Sector University) in "D" Pharmacy (five years) Degree course, who have already passed their examination for 1st, 2nd, 3rd and 4th year, however , when they were about to appear in the upcoming examination for the final year, the examination Forms and the Admit cards were not issued by the University at the instance of Pakistan Pharmacy Council for the reason that since University failed to obtain approval and NOC in terms of Sections 18 and 19 of Pharmacy Act, 1967, therefore, petitioners will not be registered with Pharmacy Council. We are of the opinion that the petitioners and the students of "D" Pharmacy (five years) Degree Course in Federal Urdu University of Arts, Science and Technology cannot, in any manner , be held responsible or be penalized for some procedural irregularity or non-compliance of the provi sions of Pharmacy Act,1967 or the Pharmacy Council of Pakistan (Doctor of Pharmacy Degree Course) Regulation, 2005, by a Public Sector University i,e, Federal Urdu University of Arts, Science and Technology , particularly , by the Pharmacy Council of Pakistan, who claims to be a controlling body , however , did not take any action against the said University nor come forward to intimate to the students of "D"
Pharmacy (five years) Degree course in the evening programme, with regard to alleged violation or non- compliance of the provisions of Pharmacy Act, 1967. During pendency of instant petition, having realized the above factual and legal position, and keeping in view the various orders passed by this Court from time to time, it appears that respondents have made an effort to resolve the dispute in order to safeguard the academic career of the students of "D" Pharmacy of Federal Urdu University of Arts, Science and Technology (five years) evening programme, whereas, a meeting of Pharmacy Council of Pakistan was held on 03.12.2016, which was duly attended by Vice Chancellor , Federal Urdu University of Arts'' Science and Technology along with Registrar and Incharge Faculty of Pharmacy , Vice President, Pharmacy Council of Pakistan, Secretary , Pharmacy Council of Sindh, Director General QAA, Higher Education Commission along with Law Officer, HEC, according to which, it has been resolved that the Registration and NOC to the petitioners and students of "D" Pharmacy (five years) evening degree programme will be grante d on receiving the amount of penalty from the Federal Urdu University i,e, 50% of the amount of fee collected by the university from the students, and by conducting pre-registration/exist test of such students. The learned counsel for the petitioners and the learned counsel for the respondent university do not seriously oppose the above settlement to the extent of depositing the amount of penalty , however , they have raised serious objections to the proposal, whereby , the Pharmacy Council of Pakistan intends to take pre- registration/exist test of the petitioners along with students of "D" Pharmacy (five years) evening degree/course, on the ground that the same is not only contrary to law, rules and regulations, but also discriminatory in nature, for the reason that such exam/test has never been taken in the past. It has been vehemently argued by the learned counsel for the petitioners as well as the learned counsel for the Federal Urdu University of Arts, Science and Technology , that reference by the Secreta ry, Pharmacy Council of Sindh to a decision of Peshawar High Court to this effect is totally misconceived for the reason that such order was passed in respect of an un-recognized and non-accredited private Institution, which was not accredited with the Pakistan Pharmacy Council nor the courses offered were approved in terms of Sections 18 and 19 of the Pharmacy Act, 1967 , whereas, in the instant matter , the petitioners are all students of a well renowned Public Sector University , whose Degree Programme of 'D'
Pharmacy has otherwise been credited and duly approved in terms of Sections 18 and 19 of the Act and NOC to this ef fect has also been issued in accordance with law .
7. In view of hereinabove above facts and circumstances of the case and the steps taken by the respondents towards resolution of dispute in their meetings and the settlement reached therein, we allow instant petition with the directions to the respondent university to continue to deposit the balance amount of the penalty as per settlement between the parties in quarterly installm ents, however , not later than 18 months from the date of this order , whereas respondent No,2 is directed to grant registration to the petitioners and other students of "D" Pharmacy of the 1st and 2nd batch of Federal Urdu University of Arts, Science and Technology , who have already been awarded the Degree by the University , within a period of two months from the date of this order , without any pre- registration/exist test, however , subject to compliance of codal formalities, and to submit compliance report to this Court through Member Inspection Team-II, within three months' of this order .
Petition stands allowed in the above terms along with listed applications.