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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Dr. Bishnudeo Lal Dass S/o Late Mahabir Dass – Petitioner
Versus
The Union of India – Respondent
W.P. (PIL) No. 1128 of 2021
Decided On : 17-06-2021
Public Interest Litigation - Pharmacy Education Regulations - Pharmacy Act, 1948, Section 3, 10, 12(2), 15, 16 - The court dismissed the writ petition seeking to quash and set aside the examination of 1st Part of D. Pharm. Practical Examination on the ground of violation of statutory provisions. The court found that the prayer made in the writ petition did not come under the fold of Public Interest Litigation.
Fact of the Case:
The writ petitioner filed a public interest litigation seeking to quash and set aside the examination of 1st Part of D. Pharm. Practical Examination on the ground of violation of statutory provisions under the Pharmacy Act, 1948 and the Education Regulations made thereunder.
Finding of the Court:
The court found that the prayer made in the writ petition did not come under the fold of Public Interest Litigation as it would only benefit a specific class of students and not the public at large.
Issues: The main issue was whether the writ petition qualified as a Public Interest Litigation, considering the specific nature of the relief sought by the petitioner.
Ratio Decidendi: The court applied the interpretation of 'Public Interest Litigation' as defined by the Hon'ble Apex Court in previous judgments, emphasizing the need for genuine public harm or injury and substantial public interest in such cases.
Final Decision: The court dismissed the writ petition, stating that the petitioner failed to make out a case for maintaining the writ petition by way of Public Interest Litigation. The court also allowed individuals aggrieved by the matter to approach the appropriate forum or court of law.
ORDER :
1. With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding the visual/audio connectivity.
2. Heard parties.
3. The instant writ petition has been filed by way of public interest litigation seeking following directions:-
(b) To set aside the “Examination Authority” re-constituted vide Letter No. 176(10) dated 25.07.2019 (Annexure-6) issued under the signature of Respondent No. 5 for being absolute want of mandatory approval by the PCI as mandated by Section-12(2) and Section-15 of the Act as well as under Regulation-18 of the “Education Regulations” (Annexure-2).
(c) To set aside the Office Order contained in Letter No. D.Pharm./31/2021 dated 08.02.2021 (Annexure-8) issued by Respondent No. 6 whereby and where under 2nd Part of Diploma-in-Pharmacy (hereinafter referred to as D.Pharm.) Practical Examination got conducted in violation of mandatory provisions contained in Section 12(2), Section-15 and Section-16 of the Act as well as Points-2, 3 and 6 of Appendix-C relating to Regulation-18 of the “Education Regulations” (Annexure-2).
(d) To set aside the 1st Part of D. Pharm. Practical Examination conducted on 01.03.2021 as per Office Order contained in Letter No. D.Pharm./78/2021 dated 20.02.2021 (Annexure-10) issued by Respondent No. 6 in violation of mandatory provisions contained in Section 12(2), Section-15 and Section-16 of the Act as well as Points-2, 3 and 6 of Appendix-C relating to Regulation-18 of the “Education Regulations” (Annexure-2).
(e) To stay the operation of the Office Order, during the pendency of this Petition, contained in Letter No. D.Pharm./78/2021 dated 20.02.2021 (Annexure-10) issued by Respondent No. 6 whereby and where under the remaining 1st Part Practical D. Pharm. Examination as well as the entire 1st Part and 2nd Part D. Pharm. Theory Examination is to be conducted in violation of mandatory provisions contained in Section 12(2), Section-15 and Section-16 of the Act as well as Points-2, 3 and 6 of Appendix-C relating to Regulation-18 of the “Education Regulations” (Annexure-2).”
4. Mr. Abhishek Krishna Gupta, learned counsel appearing for the writ petitioner has submitted that the instant writ petition has been filed by way of Public Interest Litigation for the reason that even though the Pharmacy Council of India, hereinafter referred as PCI, a statutory body constituted under Section-3 of the Pharmacy Act, 1948 (hereinafter referred to as Act, 1948), to ensure the observance of the provisions of the Act as well as “Education Regulations for Diploma Course in Pharmacy” enacted in exercise of power under Section-10 of the Act to be followed in its letter and spirit but the examination of 2nd Part of Diploma-in-Pharmacy (D.Pharm.) has been conducted in violation of mandatory provisions as contained in Section 12(2), Section-15 and Section-16 of the Act, 1948 as well as Points-2, 3 and 6 of Appendix-C relating to Regulation-18 of the “Education Regulations” since the “Examination Authority” which has been re-constituted vide letter dated 25.07.2019 which is due to want of mandatory approval by the Pharmacy Council of India as required under Section-12(2) and Section-15 of the Act, 1948 as also under Regulation-18 of the “Education Regulations” and hence, prayer has been made to set aside the 1st Part of D. Pharm. Practical Examination conducted on 01.03.2021 on the ground of violation of mandatory provisions contained in Section 12(2), Section-15 and Section-16 of the Act, 1948
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