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HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT
Pratibha Rawat – Appellant
Versus
Pharmacy Council State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioner's 10+2, d.pharm completion, registration application. (Para 1 , 2 , 3 , 4) |
| 2. pci regulations require 10+2 pcb pass for d.pharm. (Para 5) |
| 3. no fraud; institute responsible; precedent favors registration. (Para 6 , 7 , 8 , 10) |
| 4. chemistry failure disqualifies d.pharm admission eligibility. (Para 9 , 11) |
| 5. petitioner disclosed marks; no suppression or fraud. (Para 12 , 13) |
| 6. student not penalized for institute's admission error. (Para 14 , 15 , 16 , 17) |
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 petit
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.
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