IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
PRASHANT KUMAR MISHRA, B.S. BHANUMATHI, JJ.
The Andhra Pradesh Pharmacy Council - Appellant
Versus
N.Krishna S/o Subbarayudu, Kadapa, Cuddapah District and others – Respondents
W.A.No.1145 of 2017 And W.P.Nos.6855 of 2012, 6511 of 2013, 31942 of 2013, 1606 of 2014, 35686 of 2015, 507 of 2016, 28045 of 2017, 28180 of 2017, 28189 of 2017 and 28352 of 2017
Decided on : 10-12-2021
Pharmacy Act, 1948 - Education Regulations, 1991 - Regulation 5 - Pharmacists - Eligible qualification - Rejecting application for registration - W.A. call in question order passed by learned Single Judge allowing W.P. preferred by writ petitioner challenging order passed by Andhra Pradesh Pharmacy Council rejecting his application for registration as Pharmacist – Held, Intermediate (Vocational Course) examination is not a recognised minimum qualification for admission to Diploma in Pharmacy Part-I course - However, while directing Andhra Pradesh and Telangana State Pharmacy Councils not to admit any candidate having qualification of Intermediate (Vocational Course) examination to Diploma in Pharmacy Part-I course, Pharmacy Council of India has granted one time approval to candidates who have already admitted to Diploma in Pharmacy Part-I course at an earlier date – Court is inclined to dispose of writ appeal as well as writ petitions with direction that Andhra Pradesh State Pharmacy Council shall register respective writ petitioners as Pharmacists – Appeal disposed of.
JUDGMENT :
Prashant Kumar Mishra, J.
W.A.No.1145 of 2017 would call in question order dated 13.06.2017, passed by the learned Single Judge allowing W.P.No.22847 of 2007 preferred by the writ petitioner challenging the order dated 03.09.2007, passed by the Andhra Pradesh Pharmacy Council rejecting his application for registration as Pharmacist.
2. In the writ petition, it was averred that after having completed his Intermediate (Vocational Course) Examination, the writ petitioner was admitted to Diploma in Pharmacy Course and upon completion of the said course, he is entitled to be registered as a Pharmacist under the Pharmacy Act, 1948 and the rules framed thereunder. But, ignoring his eligibility, the 4th respondent-The Pharmacy Council of India, rejected the application of the writ petitioner for registration.
3. The 4th respondent defended the action on the ground that Intermediate (Vocational Course) Examination is not a recognised eligible qualification for admission to a Diploma course. Therefore, the writ petitioner is not entitled to be registered as a Pharmacist.
4. The attention of the Court was invited to Regulation 5 of Education Regulations, 1991 (for short, ‘the Regulations’). Sub-Regulation (5) of the Regulations provides the following examinations with Physics, Chemistry and Biology or Mathematics as valid qualification for admission to a Diploma in Pharmacy Part-I Course, namely:
(2) The first year of the three year degree course in Science;
(3) 10+2 examination (academic stream) in Science;
(4) Pre-degree examination;
(5) Any other qualification approved by the Pharmacy Council of India as equivalent to any of the above examination may also be considered as minimum qualification.
However, for the present, we are not on the issue as to whether Intermediate (Vocational Course) examination has to be treated to be an equivalent qualification or not.
5. The issue as to whether such examination was a valid examination for admission to pharmacy course has been set at rest by the Pharmacy Council of India in its letter dated 10.02.2020. As a matter of fact, the said letter has been issued pursuant to the impugned order dated 13.06.2017, passed by the leaned Single Judge in W.P.No.22847 of 2007. The contents of the letter being germane to the issue on hand, letter dated 10.02.2020, is reproduced in entirety:
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| “Mon, Feb 10, 2020 at 10.16 AM |
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| PHARMACY COUNCIL OF INDIA (Constituted under the Pharmacy Act, 1948) | |
| TELEPHONE: 011-61299900 61299901, 61299902, 61299903 E-Mail : registrar@pci.nic.in WEBSITE: www.pci.nic.in
| NBCC Centre, 3rd Floor Plot No.2, Community Centre Maa Anandamal Marg Okhla phase I New Delhi – 110 020 | |
| Ref.No.14-2/2020-PCT To 1) Andhra Pradesh State Pharmacy Council 2) Telangana State Pharmacy Council From: PCI
Sub: Intermediate in Vocational/Bridge course conducted by the Board of Intermediate Education, Andhra Pradesh for admission to various pharmacy courses. Sir, With reference to the subject cited above, I am directed to inform that subject cited issue was considered by 108th Central Council of the Pharmacy Council of India in its meeting held in January, 2020, which decided as under – a) In the light of the court judgment dt.13.6.2017 in Writ Petition No.22847 of 2007 filed by N.Krishna Vs. Govt of Andhra Pradesh & Ors. Which has gone in favour of students and various representations made by the students in the Council’s office, the admission of students in pharmacy course(s) already admitted on the basis of Intermediate vocational course/Bridge course with Physics, Chemistry, Biology/Physics, Chemistry, Mathematics run by Board of Intermediate Education, Andhra Pradesh be approved for the purpose of registration as a pharmacist under the Pharmacy Act, 1948. It is subj | ||
Student completing diploma without fraud or suppression, despite 10+2 technical ineligibility, entitled to pharmacist registration; fault of admitting institution not to prejudice after certification....
The judgment establishes the principle that the Pharmacy Council of India has the power to recognize equivalent qualifications and draw equivalence, allowing candidates to meet the minimum eligibilit....
A registration authority cannot deny eligibility when the candidates have previously been accepted based on verified qualifications, as per regulations.
A diploma in pharmacy must be approved by the Pharmacy Council of India for registration as a pharmacist under the Pharmacy Act, 1948.
Recruitment Rules cannot be at variance with the Regulations prescribed by the Pharmacy Council of India for essential qualifications for appointment as a Pharmacist.
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