1. - By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to register the petitioner as diploma holder of Pharmacy and also to accept the application of the petitioner for the post of Pharmacist.

2. Heard learned counsel for the parties.

3. It is contended by learned counsel for the petitioner that a notice for demand of justice was served upon the respondents through counsel vide Annexure-9 dated 17.11.2008 and in response thereto, a reply was submitted by the respondents through their counsel Annexure-10 dated 3.12.2008 wherein it has been admitted by the respondents that Pharmacy Council of India has informed to the Rajasthan Pharmacy Council of India that Higher Secondary Examination (11th Standard) conducted upto 1989 by the Board of Secondary Education Rajasthan, Ajmer has been approved as an entrance qualification for admission to Diploma in Pharmacy Course under Sub-Regulation (5) of Regulation 5 of the Education Regulations, 1991 and so far as the case of the petitioner is concerned, it was informed that in view of the information received by the Rajasthan Pharmacy Council from Pharmacy Council of India, the application of the petitioner for registration as Pharmacist is under consideration. However, according to learned counsel for the petitioner, the registration certificate has not yet been issued to the petitioner.

4. Since the case of the petitioner has not been disputed even in reply to the notice demanding justice, in my view, the petitioner is entitled for the relief prayed for. Though the petitioner does not possess Senior Secondary (10+2) Examination but he passed Higher Secondary Examination in the year 1987 from the Board of Secondary Education, Rajasthan Ajmer and those candidates who passed Higher Secondary upto 1989 have been considered eligible as has been approved by the Pharmacy Council of India for Diploma in Pharmacy.

5. In this view of the matter, the writ petition is allowed and the respondents are directed to register the petitioner as diploma Holder of Pharmacy and accept the application of the petitioner for the post of Parmacist by permitting him to participate in the process of selection on the post of Pharmacist. This exercise be completed within 15 days from the date of producing the certified copy of this order. No order as to costs.Writ Petition Allowed.

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