JUDGMENT :

1. Heard Sri D.S. Yadav, learned counsel for the petitioner and Sri Vinay Kumar Singh, learned Central Government Standing Counsel for the respondents.

2. This writ petition has been filed praying for the following reliefs :

“A. Issue a writ order or direction in the nature of certiorari3 quashing the -Clause (iv) of Table II of the Notification dated 11.11.2014 contained in minimum qualification for teachers in Pharmacy Institutions 2014 of Notification issued by respondent no.3 (Annexure No.2 to the writ petition).

B. Issue a writ order or direction in the nature of mandamus directing the respondents to declare the embargo regulation as null and void being contrary to the provisions of Article 14, 16, 19 and 21 of the Constitution of India.”

3. Briefly stated facts of the present case are that the petitioner has passed B. Pharm in 2nd Division in the year 2005 from U.P. Technical University, Lucknow and passed M. Pharm in the year 2009 from Dr. M.G.R. Medical University, Chennai.

4. The petitioner has challenged the validity of prescribing the minimum qualification as "First Class B. Pharm" by “The Minimum Qualification For Teachers in Pharmacy Institution Regulations, 2014" (hereinafter referred to as "the Teachers Regulations, 2014").

Submissions on behalf of the Petitioner

5. Learned counsel for the petitioner submits that the petitioner is challenging the constitutional validity of the aforesaid regulation for reason that he is a prospective candidate and intends to apply for the post in the event any vacancy is advertised in future.

6. Learned counsel for the petitioner further submits that prescribing the minimum qualification as First Class in B. Pharm is violative of Articles 14 & 21 of the Constitution of India inasmuch as the embargo of First Class degree in graduation course has not been provided in the regulations framed by Medical Council of India providing for minimum qualification for teachers in medical education whereas for teachers in pharmacy institution the minimum qualification of First Class B. Pharm degree has been incorporated under the Regulations 2014.

7. No other submission has been made before us to challenge the constitutional validity of the minimum qualification “First Class B. Pharm” under Regulations 2014.

Submissions on behalf of the Respondents

8. Learned Central Government Standing Counsel supports the regulations.

Discussion & Findings

9. We have carefully considered the submissions of learned counsels for the parties.

10. The Regulation, 2014 has been framed by the Pharmacy Council of India with the approval of the Central Government in exercise of powers conferred under Sections 10 & 18 of the Pharmacy Act, 1948. Sections 10 and 18 of the Pharmacy Act, 1948 (hereinafter referred to as “the Act 1948”) are reproduced below :

“Section 10. Education Regulations.—(1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.

(2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe—

(a) the nature and period of study and of practical training to be undertaken before admission to an examination;

(b) the equipment and facilities to be provided for students undergoing approved courses of study;

(c) the subjects of examination and the standards therein to be attained;

(d) any other conditions of admission to examinations.

(3) Copies of the draft of the Education Regulations and of all Subsequent amendments thereof shall be furnished by the Central Council to all State Governments, and the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approva