ORDER :

1. This writ petition has been filed seeking a direction for the respondents to issue the petitioner, Pharmacist Registration Certificate.

2. The facts, as emerge from the writ petition, are that the petitioner passed his secondary examination from the Board of Secondary Education, Rajasthan, Ajmer. Thereafter, he passed senior secondary examination from the Board of School and Technical Education, Chhattisgarh (for brevity, ‘BSTE’) and a certificate dated 25.02.2014 was issued in this regard. Thereafter, he did his diploma in Pharmacy from OPJS University, Churu and was granted a provisional certificate dated 11.08.2018 to this effect. Vide application dated 12.08.2018, he applied for registration as Pharmacist with the Rajasthan Pharmacy Council but, no action was taken thereupon. Hence, the writ petition.

3. The respondent no.2 in its reply submitted that since the BSTE, from where the petitioner has passed senior secondary examination, is not recognised by the Board of Secondary Education, Rajasthan, Ajmer, the petitioner is not entitled for registration.

4. The respondent no.3 in its reply averred that the petitioner has passed out senior secondary examination in the year 2014 from the answering respondent and at that time, it was having recognition from the Board of Secondary Education, Raipur (Chhattisgarh).

5. Learned counsel for the petitioner submitted that since he fulfills all the requisite criteria for registration as Pharmacist under the Pharmacy Act, 1948, he is entitled for registration. He, therefore, prayed that the respondent no.2 may be directed to issue him requisite certificate.

6. Learned counsel for the respondent no.2, drawing attention of this Court towards letter dated 21.08.2020 issued by Board of Secondary Education, Rajasthan, Ajmer and the list appended thereto, submitted that only Chhattisgarh Board of Secondary Education, Raipur has been granted recognization by the Rajasthan Board. Therefore, the petitioner having passed his senior secondary examination from the BSTE is not entitled for registration. Learned counsel submitted that though the BSTE was granted provisional recognization by the Chhattisgarh Board of Secondary Education, Raipur; but, the same was withdrawn subsequently which was unsuccessfully challenged by the BSTE by way of writ petition (civil) no.1556/2016): Board of School and Technical Education, Bilaspur vs. State of Chhattisgarh & Ors. which came to be dismissed vide order dated 26.09.2017. He submitted that this Court in its writ jurisdiction cannot treat the senior secondary examination passed out by the petitioner from a Board not recognised by the Board of Secondary Education, Rajasthan, Ajmer as equivalent to senior secondary examination from the Rajasthan Board. He, in this regard, relies upon the following judgments:

1. Rajendra Prasad Mathur vs. Karanataka University & Anr. and other connected matters: 1986 (Supp) SCC 740.

2. State of Rajasthan & Ors. vs. Lata Arun: (2002) 6 SCC 252.

3. Devender Bhaskar & Ors. vs. State of Haryana & Ors.: 2021 SCC Online SC 1116.

7. He, therefore, prays that the writ petition be dismissed.

8. Learned counsel for the respondent no.3, supporting the submissions made by the learned counsel for the petitioner, submitted that he has passed out senior secondary examination from it during the period it was having recognization from the Chhattisgarh Board of Secondary Education.

9. Heard. Considered.

10. The Education Regulations-1991 for diploma course in Pharmacy issued by the Pharmacy Council of India under Section 10 of the Pharmacy Act, 1948 provides the eligibility for admission to diploma in Pharmacy Part-I course as under:

“Minimum qualification for admission to Diploma in Pharmacy Part-I course-A pass in any of the following examinations with Physics, Chemistry and Biology or Mathematics.

(1) Intermediate examination in Science;

(2) The first year of the three year degree course in Science;

(3) 10+2 examination (academic stream) in Science;