The petitioners moved the High Court since the orders came in the way of them establishing an institution to impart pharmacy courses.
The petitioners contended that the orders did not fulfill the requirements under the Pharmacy Act of publication in an official Gazette, to have the force of law.
Further, it was their stand that the power conferred on the PCI to regulate the profession of pharmacy did not provide the power to prohibit.
It was called upon for being discriminatory and violative of Article 14 since they provided for certain relaxations to a specific category of institutions and areas of the country. The order was touted to be violative of Article 19(1)(g) of the Constitution for infringing the right of the petitioners to practice any profession.
Additionally, the petitioners stated that the act was a monopolistic ban created only against the people intending to start a new course in the field of Pharmacy.
Source: Barandbench
