The Rajasthan High Court recently struck down a state government order that imposed a blanket ban on issuing No Objection Certificates (NOCs) to private colleges seeking to offer B.Pharmacy courses. The Court held that the ban was arbitrary, discriminatory, and lacked proper legislative backing, thus violating fundamental constitutional principles, including the right to equality under Article 14. The judgment was delivered by Justice Sunil Beniwal, who emphasized that while the state has authority to make policy decisions, such decisions must be rational, justified, and within the scope of its statutory powers.
The dispute arose when a private institution applied for an NOC to commence a B.Pharmacy course. Before the application could be processed, the state government issued an executive order on April 26, 2025, imposing a blanket ban on granting NOCs to private pharmacy colleges. The petitioner contended that the ban was discriminatory, as it targeted only private institutions while allowing government colleges to continue offering the course. Furthermore, the petitioner argued that the government’s action was a colourable exercise of power, as it was not supported by legislative authority and lacked any empirical basis or data to justify such a sweeping restriction.
The Court examined the powers conferred by the Pharmacy Act, 1948, and observed that the Act does not authorize the state government to unilaterally prohibit private institutions from applying for NOCs. The Court noted that the blanket ban constituted an arbitrary exercise of executive power, which could not override the statutory framework established by the Pharmacy Act. Moreover, the Court highlighted that the order violated the principle of equality because it imposed restrictions selectively on private colleges while exempting government institutions from similar constraints.
Justice Beniwal emphasized that policy decisions affecting educational institutions must be based on rational considerations and supported by evidence. In the absence of such justification, the ban could not be sustained. Consequently, the Court set aside the state government’s order, thereby reinstating the process for granting NOCs to private colleges intending to offer B.Pharmacy courses.
The judgment underscores the necessity for the state to act within the limits of legislative authority and exercise its policy-making powers in a rational and equitable manner. It also reaffirms that blanket restrictions on private institutions, without supporting data or statutory sanction, are vulnerable to judicial scrutiny. By quashing the ban, the Rajasthan High Court has protected the rights of private educational institutions and reinforced the principles of fairness, equality, and rule of law in regulatory policymaking.
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