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.