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.

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. English

ii. Physics

iii. Painting

iv. Biology

v. Physical education

vi. Chemistry

vii. Work experience

viii. Health and physical education

ix. General studies.

Post passing the aforesaid Senior School Certificate Examination, the petitioner has been issued a Marks Statement (Mark Sheet) in which it was categorically mentioned that the petitioner has passed the aforesaid examination and thereafter the Central Board of Secondary Education has also issued a pass certificate in the aforesaid subjects, in the year 2020 itself. Thereafter the petitioner participated in the process of selection for a two year diploma course from the institutes affiliated to Uttarakhand Board of Technical Education, Roorkee, Haridwar and has taken admission in diploma in Pharmacy in Global Institute of Pharmaceutical Education and Research, Jaspur, respondent no.2 herein and she has completed the aforesaid Pharmacy Diploma course in the academic session 2020-21 and 2021-22, and the final year mark sheet of the aforesaid diploma Examination-2022 (summer) was issued by the Uttarakhand Board of Technical Education, Roorkee. In the aforesaid result so declared clearly shows that the petitioner has passed the aforesaid diploma examination in the year 2002 in first division. Subsequent thereto certificate has also been issued by the Uttarakhand board of Technical Education in which it was clearly mentioned that the petitioner has completed a two year diploma course in pharmacy from the Global Institute of Pharmaceutical Education and Research, Jaspur, in first division. Post completion of the aforesaid diploma course, the petitioner has again applied for the lateral entry in the B.Pharma course from the same institute namely Global Institute of Pharmaceutical Education and Research, Jaspur, inasmuch as, there are two modes of entry in the B.Pharma course, firstly after completion of intermediate examination, direct admission to B.Pharma Course first year can be taken and other mode is the persons who are holding diploma in pharmacy can have a lateral entry directly in the second year i.e., third semester of the B.Pharma course and accordingly the petitioner before this Court has taken the lateral entry in the B.Pharma course from the Global Institute of Pharmaceutical Education and Research, Jaspur in the academic year