Advocates:
['GAURAV CHUDASAMA', 'GOVERNMENT PLEADER', 'DEVANG VYAS', 'DIPEN DESAI', 'GAURAV P THAKOR', 'DS AFF NOT FILED N', 'HEMANG H PARIKH']

C/SCA/8986/2016 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 8986 of 2016

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

No

2 To be referred to the Reporter or not ?

No

3 Whether their Lordships wish to see the fair copy of the

judgment ?

No

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

No

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NAKUL KIRITKUMAR CHAWDA

Versus

STATE OF GUJARAT & 6 other(s)

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Appearance:

MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1

DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 6

MR SAHIL B TRIVEDI, AGP for the Respondent(s) No. 1

GOVERNMENT PLEADER(1) for the Respondent(s) No. 2

MR DEVANG VYAS(2794) for the Respondent(s) No. 3

MR DIPEN DESAI(2481) for the Respondent(s) No. 4

MR GAURAV P THAKOR(2452) for the Respondent(s) No. 5

MR RASESH H PARIKH(3862) for the Respondent(s) No. 7

MR. N D SAIYAD(6954) for the Respondent(s) No. 5

MR.HEMANG H PARIKH(2628) for the Respondent(s) No. 7

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

Date : 31/07/2019

ORAL JUDGMENT

Page 1 of 9

C/SCA/8986/2016 JUDGMENT

1.

RULE Learned AGP waives service of notice of Rule on behalf

of the respondent – State.

2.

This petition is filed under Article 226 of the Constitution of

India seeking direction to the respondent nos. 3 and 7 to register

the present petitioner as Pharmacist under the Pharmacy Act 1948

(for short 'the Act').

3.

It is the case of the petitioner that the petitioner took an

admission through the respondent no.2- Central Admission

Committee in the Course of Diploma Pharmacy conducted by the

Respondent no.5. During the course, upon completion of one year,

it was brought to the notice that the Respondent no.5 has failed to

receive necessary approval/ recognition by the Pharmacy Council of

Gujarat- respondent no.7 and Pharmacy Council of India-respondent

no.3.

4.

In view of the aforesaid, the petitioner had through proper

channel made a request which was accepted by the Respondent

no.4- the Gujarat Technological University and the petitioner and

other such similarly situated students were shifted to another

Institute conducting the same Course viz. Tolani Institute of

Pharmacy, Aadipur. The petitioner thereafter completed his further

course from the said College and on the basis of his result in the

Diploma Course, pursued his further education in the degree course,

Page 2 of 9

C/SCA/8986/2016 JUDGMENT

where on the basis of his performance in Diploma College,

admission was given with the Atmiya Institute of Pharmacy-

respondent no.6. The petitioner successfully completed the degree

course also and at that stage, the petitioner made an application

under the provision of the Pharmacy Act to be registered as a

Pharmacist with Respondents no.7 and 3. However, on the basis of

the petitioner not having completed the course of Diploma from a

recognized College, the name of the petitioner was not entered in

the register of Pharmacist maintained by the Respondent no.7.

5.

Learned advocate for the petitioner submits that the

petitioner from the initial stage had sought and received admission

in the respondent no.5 College through Central