Sanjeev Kumar Mishra vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 229

ASHUTOSH KUMAR, PARTHA SARTHY
Sanjeev Kumar Mishra – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioners: M/s Mrigank Mauli, Sr. Adv., Prince Kumar Mishra (in 313); Prashant Sinha, Rishi Raj Raman, Ruchi Mandal, Aniket Rai, Kunal Kumar (in 72); Abhinav Srivastava, Sr. Adv., Pushkar Bharadwaj, Raushan, Shubham Priyadarshi, Shreyashi Raj (in 193); Y.V. Giri, Sr. Adv., Ayush Kumar (in 428); S.D. Sanjay, Sr. Adv., Parul Prasad (in 4980); Md. Mumtaz Uddin (in 4987).
For the State : M/s P.K. Shahi, AG, Vikas Kumar, Amish Kumar AC to AG, Vivek Prasad, GP-7, Supragya, AC to GP-7 (in all).
For the UOI : Ms. Shweta Verma, Sameer Sawan (in 313); Arjun Kumar, CGC (in 72); Bindhyachal Rai (in 193); Rana Vikram Singh, Dy. SGI Dr. Iti Suman, CGC (in 4987).
For the Respondent: M/s Lalit Kishore, Sr. Adv., Santosh Kumar, Sr. Adv., Shashi Bhushan Singh, P.K. Jha, Kanishka Shankar, Prafulla Kumar Tiwary, Utsav(in all); Rajeev Ranjan Mishra, Utsav (in 72, 193, 428).
For the BTSC : M/s Nikesh Kumar, Akshansh Shanker (in all).
For the P.C.I. : M/s Jitendra Singh, Sr. Adv., Parul Prasad (in all).

Ashutosh Kumar, ACJ. – All the writ petitions have been heard together and are being disposed off by this common judgment.

2. In C.W.J.C. Nos. 313 of 2025; 72 of 2025; 193 of 2025; 428 of 2025; 4980 of 2025; and 4987 of 2025, the petitioners have challenged the validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (as amended) (hereinafter referred to as “impugned Rules of 2014”), in which, it has been stipulated that for appointment by direct recruitment to the basic category posts of Pharmacists, minimum educational qualification shall be Intermediate/10+2 (Science) and passing in all parts (Part-I, II & III) of Diploma in Pharmacy from the Institutions recognized by the Government and a certificate to that effect would be necessary, as being violative of and repugnant to the Pharmacy Practice Regulations, 2015 (hereinafter referred to as “Regulations of 2015”) framed by the Pharmacy Council of India (hereinafter referred to as “PCI”) under Section 10 of the Pharmacy Act, 1948, which, inter alia, provides that the basic qualification of Diploma in Pharmacy and Bachelor Degree in Pharmacy would be necessary for the profession of Pharmacists.

3. Rule 6(1) of the impugned Rules