IMPORTANT POINT
The judgment establishes the principle that the Pharmacy Council of India has the power to recognize equivalent qualifications and draw equivalence, allowing candidates to meet the minimum eligibility qualification for admission to Pharmacy courses.

JUDGMENT :

1. This appeal is directed against order dated 02.02.2023 by which the writ petition filed by the appellant-petitioner has been dismissed.

2. Brief facts giving rise to the controversy before us in this appeal are that the appellant herein applied for the course of D-Pharmacy claiming him to be eligible to undertake the course, having passed the subjects, as prescribed under the applicable Regulations. The appellant was given provisional admission by the Constituent College of the University of Maharaj Vinayak Global University. While the appellant was pursuing his course in D-Pharmacy, at the stage of examination he was not allowed to appear in the examination presumably for the reason that the College and the University were of the view that the appellant is not possessed of the minimum eligibility qualification as prescribed under the Pharmacy Council of India Education Regulations, 1991, later on, substituted by Pharmacy Council of India Education Regulations, 2020. Aggrieved by the action of the respondents, the appellant filed writ petition.

3. Learned Single Judge was of the view that the petitioner is not entitled to admission in the D-Pharmacy course as he passed 10+2 examination in the subjects of Chemistry, Biology and Agriculture which does not fulfill the requirement of the Regulations insofar as minimum qualification for admission for D-Pharmacy in Pharmacy Part-1A is concerned. Learned Single Judge further held that passing of the Physics Examination from the National Institute of Open School having not been prescribed under the Regulations of 1991, the aforesaid qualification does not make the appellant eligible for admission to D-Pharmacy course.

4. Learned counsel for the appellant would argue that though the appellant had passed 10+2 examination (academic stream) in Science with the subjects of Chemistry, Biology and Agriculture in the year 2007, later on, he appeared in the examination conducted by the National Institute of Open School in the year 2020 and passed in the subject of Physics and, therefore, he acquired the minimum qualification of having passed 10+2 examination in the subjects of Chemistry, Biology and Physics. He would submit that at the time when the petitioner-appellant was admitted to the D-Pharmacy course, the Regulations of 1991 were repealed and new Regulations known as Education Regulation, 2020 for Diploma course in Pharmacy had come into force vide Notification dated 09.10.2020. Minimum qualification for admission to Diploma in Pharmacy-A has been prescribed as 10+2 examination (Science academic stream) with Physics, Chemistry and Biology, or Mathematics, or any other qualification approved by the Pharmacy Council of India for that examination. The Pharmacy Council of India in its reply fully supported the case of the petitioner and clearly stated that the qualification acquired by the petitioner after passing examination in the subject of Physics conducted by NIOS does not create a bar. He would submit that the Pharmacy Council of India has also placed in the writ proceedings, circulars issued by it on 30.07.2015 and 07.09.2015 (Annexure R/2 & R/3), which draws equivalence and therefore, there was no impediment in holding the appellant possessed of the minimum required qualification for admission to D-Pharmacy Course. He would further submit that as the Pharmacy Council of India as well as NIOS which were party respondents in the writ petition have supported the case of the appellant-petitioner, dismissal of writ petition on the ground that the appellant was not possessed of the minimum qualification for admission to D-Pharmacy course is not correct in law.

5. Learned counsel appearing for respondent Nos.3 & 4, being the only contesting respondents before the Writ Court as well before this Court however, submit that the University and the Constituent College in which the appellant sought admission have acted strictly in accordance with the Regulations framed by the Pharma