The State has the authority to set the minimum qualification for recruiting persons in the Pharmacist cadre, and the provisions of the Pharmacy Act, 1948 do not restrict the State's power in this regard.

Ahsanuddin Amanullah, J.

1. Heard learned counsel for the parties.

2. The petitioners, in the present writ application, have challenged Clause 6(1) of the Bihar Pharmacists Cadre Rules, 2014 (hereinafter referred to as the "Cadre Rules 2014") as ultra vires being repugnant to the Central Legislation, namely, Pharmacy Act, 1948 (hereinafter referred to as the "Act") so far it relates to fixation of minimum qualification of Intermediate/10+2 with Science for being appointed as Pharmacist, in addition to holding Diploma in Pharmacy.

3. The petitioner no. 1 claims to be Association of unemployed Pharmacists through its General Secretary and petitioners no. 2 and 3 possess certificates of Diploma in Pharmacy. They have obtained such Diploma in Pharmacy on the basis of the minimum qualification for such diploma i.e., Matriculation. The Government of Bihar framed Bihar Pharmacist (Procedure, Service Condition and Recruitment) Rules, 2004 (hereinafter referred to as the "2004 Rules") and Clause 1.2 stipulated that the educational qualification for the post of Pharmacist would be Intermediate with Science or equivalent examination and technical qualification of Diploma in Pharmacy.

4. In terms of the 2004 Rules, an advertisement bearing No. 0606 was published on 07.04.206 for filling up 1116 posts of Pharmacist. Earlier, candidates, who had applied, pursuant to the advertisement of the State Government bearing No. 22/Pharma-1/99, for appointment to the post of Pharmacist on the basis of minimum qualification of Matriculation, moved this Court when no action was taken relating to such advertisement. The State Government, thus, by Letter No. 588(4) dated 15.05.2007, directed for inclusion of such candidates, who had applied against advertisement No. 22/Pharma-1/99 on the basis of the qualification of Matriculation and Diploma in Pharmacy in the advertisement No. 0606 dated 07.04.2006. The petitioners, thus, filed CWJC No. 14751 of 2006 challenging Clause 1.2 of 2004 Rules on the ground that till prior to 09.07.1994, a matriculate was eligible to acquire Diploma in Pharmacy and only thereafter the regulation was amended fixing minimum qualification of Intermediate in Science in place of Matriculation for admission to Diploma in Pharmacy course, which was the case with the petitioners. The said writ application was disposed off by order dated 26.10.2010 on the basis of the stand taken on behalf of the State that such applicants who had acquired Diploma in Pharmacy, in accordance with Rules/Regulations, existing prior to 09.07.1994, would not be disqualified. In the meantime, the State Government did not proceed with the recruitment process pursuant to advertisement No. 0606 and came out with Cadre Rules, 2014 on 24.09.2014. Clause 6(1) of the Cadre Rules, 2014 also provides for the minimum educational qualification of Intermediate/10+2 (Science) and Diploma in Pharmacy, which is under challenge in the present writ application.

5. Learned counsel for the petitioners submitted that the Pharmacy Council of India, in its letter dated 31.08.2006 to the Secretary, Department of Health, Medical Education & Family Planning and ISM, Government of Bihar, has clarified the position that under Education Regulations 1981 "Diploma in Pharmacy" was of 2 years and 750 hours practical training after 10th standard and one year and 750 hours practical training after 10+2 and further that after repeal of the Education Regulations 1981 by the Education Regulations 1991, with effect from 11.07.1992, "Diploma Course in Pharmacy" is of two years and 500 hours practical training and the admission qualifications were Intermediate examination in Science, the first year of the three year degree course in Science, 10+2 examination (academic stream) in Science and Pre degree examination and thus, such minimum qualification of Intermediate/10+2 (Science) for holders of Diploma in Pharmacy having obtained such certificate under the Education Regulations 1981 with ba