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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Pratibha Rawat – Appellant
Versus
Pharmacy Council State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMS No.328 of 2024 alone are being considered and discussed.
2. This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has sought a direction to respondent no.1 to register the petitioner, as Pharmacist, on the basis of two year diploma (D. Pharma course) obtained by the petitioner from respondent no.2-Institute affiliated to respondent no.4- Uttarakhand Board of Technical Education, Roorkee, and consequently the petitioner be issued the registration certificate from respondent no.1-Council.
3. Brief facts of the case for proper adjudication of the issue are that the petitioner before this Court has passed her Senior School Certificate Examination, 2020 (Intermediate Examination) from S.G.N. Senior Secondary School, Kashipur, Udham Singh Nagar, affiliated to Central Board of Secondary Education, New Delhi. The petitioner has passed the aforesaid examination with the following subjects:-
i. Engli
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.
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 diploma in pharmacy must be approved by the Pharmacy Council of India for registration as a pharmacist under the Pharmacy Act, 1948.
Recruitment Rules cannot be at variance with the Regulations prescribed by the Pharmacy Council of India for essential qualifications for appointment as a Pharmacist.
The court upheld the respondents' decision to reject the petitioners' registration as Pharmacists based on qualifications not meeting the Pharmacy Act, 1948 criteria.
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