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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vinod S. Bhardwaj, J.
Sant Lal and Anr - Petitioners - Appellant
Versus
Haryana State Pharmacy Council and Anr - Respondents - Respondent
CWP-2848 of 2021
Decided On : 07-07-2023
Enrollment - Licensed Pharmacist - The court disposed of the petition with liberty to the petitioners to take recourse to the remedies available to them in accordance with law.
Fact of the Case:
The petitioners sought directions to restore their enrollment as Licensed Pharmacists, which had been cancelled due to a fake 10+2 certificate.
Finding of the Court:
The court disposed of the petition, allowing the petitioners to approach the appellate authority for redressal of their grievance.
Issues: Cancellation of enrollment due to fake 10+2 certificate, dispute regarding the acquisition of a genuine 10+2 certificate at a later point in time, and the availability of a statutory remedy of appeal under Section 36(4) of the Pharmacy Act, 1948.
Ratio Decidendi: The court acknowledged the availability of a statutory remedy of appeal under Section 36(4) of the Pharmacy Act, 1948 for the petitioners to address their grievance.
Final Decision: The petition was disposed of with liberty to the petitioners to take recourse to the remedies available to them in accordance with law.
VINOD S. BHARDWAJ, J.
Present writ petition has been filed under Article 226 read with Article 16 and 21 of the Constitution of India seeking issuance of directions to respondent No.2 to restore enrollment of the names of the petitioners in the list of Licensed Pharmacist having qualified the D. Pharmacy course from the approved colleges and also having completed 500 hours of practical training.
2. Notice has been issued in the aforesaid writ petition. Learned counsel for respondent No.1 has filed the written statement in the Court today. It has been averred in the said response that even though the petitioners have acquired their qualification of D. Pharmacy from a college approved by respondent No.2, however, the enrollment of the petitioners have been cancelled for the reason that the 10+2 certificate (which found the basis for seeking admission in the course of D. Pharmacy) was found to be fake. The petitioners have thereafter passed 10+2 from an approved board, however, the Pharmacy council disputes that acquiring of abovesaid qualification later in point of time cannot relate back to the date when the basic qualification was required to be fulfilled by the petitioners for seeking admission in the Course of D. Pharmacy. He, however, submits that the order of cancellation of enrollment having already been passed, the petitioners have a statutory remedy of appeal under Section 36 (4) of the Pharmacy Act, 1948 before the State Government.
3. In view of the above, learned counsel for the petitioner does not press the instant petition at this stage so as to approach the appellate authority for redressal of his grievance.
4. Accordingly, the present petition is disposed of as not pressed with liberty to the petitioners to take recourse to the remedies available to them in accordance with law.
Order accordingly.
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....
The court emphasized that regulations permit consideration of a new course application within extended deadlines, establishing procedural fairness for institutions.
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....
A registration authority cannot deny eligibility when the candidates have previously been accepted based on verified qualifications, as per regulations.
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