Sanjeev Kumar Mishra vs The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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2025 Supreme(Online)(Pat) 1766

PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, J
Sanjeev Kumar Mishra – Appellant
Versus
The State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent

Advocates:
For the Appellants/Petitioners:Mr. Mrigank Mauli, Sr. Advocate, Mr. Prince Kumar Mishra, Advocate, Mr. Prashant Sinha, Advocate, Mr. Rishi Raj Raman, Advocate, Mrs. Ruchi Mandal, Advocate, Mr. Abhinav Srivastava, Sr. Advocate, Mr. Pushkar Bharadwaj, Advocate, Mr. Y.V. Giri, Sr. Advocate, Mr. S.D. Sanjay, Sr. Advocate
For the Respondents:Mr. P.K. Shahi, Advocate General, Mr. Vikas Kumar, Advocate, Mr. Amish Kumar, Advocate, Mr. Vivek Prasad, GP-7, Ms. Supragya, AC to GP-7, Ms. Shweta Verma, Advocate, Mr. Sameer Sawan, Advocate, Mr. Lalit Kishore, Sr. Advocate, Mr. Santosh Kumar, Sr. Advocate, Mr. Shashi Bhushan Singh, Advocate, Mr. P.K. Jha, Advocate, Mr. Kanishka Shankar, Advocate, Mr. Prafulla Kumar Tiwary, Advocate, Mr. Utsav, Advocate, Mr. Nikesh Kumar, Advocate, Mr. Akshansh Shanker, Advocate, Mr. Jitendra Singh, Sr. Advocate, Mrs. Parul Prasad, Advocate

C.A.V. JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 10-04-2025

All the writ petitions have been heard together and are being disposed off by this common judgment.

2. In C.W.J.C. Nos. 313 of 2025; 72 of 2025; 193 of 2025; 428 of 2025; 4980 of 2025; and 4987 of 2025, the petitioners have challenged the validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (as amended) (hereinafter referred to as “impugned Rules of 2014”), in which, it has been stipulated that for appointment by direct recruitment to the basic category posts of Pharmacists, minimum educational qualification shall be Intermediate/10+2 (Science) and passing in all parts (Part-I, II & III) of Diploma in Pharmacy from the Institutions recognized by the Government and a certificate to that effect would be necessary, as being violative of and repugnant to the Pharmacy Practice Regulations , 2015 (hereinafter referred to as “Regulations of 2015”) framed by the Pharmacy Council of India (hereinafter referred to as “PCI”) under Section 10 of the Pharmacy Act, 1948 , which, inter alia, provides that the basic qualification of Diploma in Pharmacy and Bachelor Degree in Pharmacy would be necessary for the profes

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2025 Supreme(Online)(Pat) 1766

PATNA HIGH COURTHONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, JSanjeev Kumar Mishra – AppellantVersusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent

Cases Referred (4)

PATNA HIGH COURT
HONOURABLE , ACJ, HONOURABLE MR. PARTHA SARTHY, J
Sanjeev Kumar Mishra – Appellant
Versus
The State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent