PRASHANT KUMAR MISHRA, B. S. BHANUMATHI
Andhra Pradesh Pharmacy Council – Appellant
Versus
N. Krishna S/o Subbarayudu, Kadapa, Cuddapah District – Respondent
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 att
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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