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P. B. BAJANTHRI, ARUN KUMAR JHA
State of Bihar through the Principal Secretary, Health and Family Department – Appellant
Versus
Arvind Kumar, Son of Bijay Chaudhary – Respondent
JUDGMENT :
(P.B. Bajanthri, J.)
Re:-I.A. No. 01 of 2020 & I.A. No. 04 of 2022 (arising out of L.P.A. No. 158 of 2020)
1. Heard Interlocutory Applications for condonation of delay in filing present L.P.As.
2. For the reasons stated in the application and affidavit, delay of about 40 days is condoned.
3. Accordingly I.A. No. 01 of 2020 and I.A. No. 04 of 2022 for condonation of delay and rectification of I.A. No. 01 of 2020 are allowed.
4. With the consent of the learned counsels for respective parties matter is taken up for final disposal.
5. These two L.P.As. are filed by the State of Bihar and Arvind Kumar. They are aggrieved by the order of the learned Single Judge dated 10.12.2019 passed in C.W.J.C. No. 22551 of 2019 (Sanjeev Kumar Mishra Vs. State of Bihar & Ors.).
6. Appellant-Arvind Kumar is holder of Diploma in Pharmacy. On the other hand, Respondents-Sanjeev Kumar Mishra & Ors. were holders of M.Pharma/B. Pharma. Sanjeev Kumar Mishra in his C.W.J.C. No. 22551 of 2019 has prayed for following reliefs:-
(1) Appointment of Pharmacists – Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational – Rule 6(1) is Constitutionally valid.(2) ....
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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