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MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
Namo Narayan Vaidh, S/o. Shri Vrij Mohan Vaidh – Appellant
Versus
Pharmacy Council For India, Through Its Registrar-Cum-Secretary – Respondent
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 passe
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 eligibilit....
Student completing diploma without fraud or suppression, despite 10+2 technical ineligibility, entitled to pharmacist registration; fault of admitting institution not to prejudice after certification....
A registration authority cannot deny eligibility when the candidates have previously been accepted based on verified qualifications, as per regulations.
Recruitment Rules cannot be at variance with the Regulations prescribed by the Pharmacy Council of India for essential qualifications for appointment as a Pharmacist.
DME is the Examining Authority of D.Pharm course - NOC from the Government is essential to start D.Pharm course.
Consent of affiliation from the examining authority is not required for D.Pharm course approval according to the Pharmacy Act.
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