A registration authority cannot deny eligibility when the candidates have previously been accepted based on verified qualifications, as per regulations.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. R. Amin, learned counsel, appearing on behalf of petitioners. Also heard Mr. Buddhadip Gogoi, learned Addl. Advocate General, Assam, appearing on behalf of all the respondents.

2. The grievance raised in the present petition by the petitioners, herein, is the denial to them, registration as Pharmacists by the Assam Pharmacy Council, after they had acquired the requisite qualification in terms of the provisions of the PHARMACY ACT 1945, read with the Educational Regulations 1991, for diploma course in Pharmacy.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The petitioners, herein, in response to Educational Notices, 12-05-2017 and 04-06-2018, issued by the Registrar and Controller of Examinations, Srimanta Sankardeva University of Health Sciences, Guwahati, inviting applications, amongst others, for admission into Diploma in Pharmacy courses in institutes under the Director of Medical Education, Assam, for the Sessions 2017 and 2018, respectively, had submitted their respective applications for the same. While the petitioner No. 1 had so submitted his application in pursuance of the Educational Notice, dated 12-05-2017. The petitioners No. 2 & 3, had so submitted their respective applications in pursuance of the Educational Notice, dated 04-06-2018. The petitioners, thereafter, participated in the selection process and on qualifying therein, the names of the petitioners were shortlisted and they were required to appear in the counselling process. In the counselling process, the educational certificates of the petitioners, more particularly, their Higher Secondary(Science) qualification mark-sheets and certificates were duly examined and thereafter, basing on the recommendations so made; the Director of Medical Education, Assam, issued notices, admitting the petitioners, herein, into the Institutes of Pharmacy under the control of the Directorate of Medical Education, Assam.

The petitioner No. 1 was admitted into the Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2018, while the petitioner No. 2 was admitted into the same Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2019. The petitioner No. 3 was admitted into the Institute of Pharmacy attached to the Assam Medical College & Hospital, Dibrugarh, in the year 2019.

It is to be noted here that the petitioners No. 1 & 2, herein, had completed their final Diploma in Pharmacy course from the Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2001, while the petitioner No. 3 had successfully cleared the said course from the Institute of Pharmacy attached to the Assam Medical College & Hospital, Dibrugarh, in the year 2022.

Thereafter, in terms of the Educational Regulations 1991, for Diploma Course in Pharmacy; the petitioners, herein, underwent the mandatory Internship Training in their respective Institutes wherein they had pursued their Diploma in Pharmacy course. The petitioners on successful completion of the various stages of the Diploma in Pharmacy course, were issued with their respective Diplomas.

Having acquired the eligibility for being registered as Pharmacists, the petitioners No. 1 & 2, h