VINOD S. BHARDWAJ
Sant Lal and Anr – Appellant
Versus
Haryana State Pharmacy Council and Anr – Respondent
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 seeki
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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