Back
2025 Supreme(Online)(Pat) 3256
PATNA HIGH COURT
MR. HARISH KUMAR, J
Bihar College of Pharmacy – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.14868 of 2025
For the Appellants/Petitioners: Mr. Abhinav Srivastava, Sr. Adv., Mr. Raushan, Adv., Mr. Sahil Kumar, Adv.
For the Respondents: Mr. K.K. Singh, AC to GP-22, Mr. Siddhartha Prasad, Adv., Mr. Ajay, Sr. Adv., Mr. Sudhir Kumar, Adv.
The Pharmacy Act, 1948 governs the recognition of pharmacy education and related approvals, mandating compliance by educational institutions.
Headnote:In this case, the petitioner, Bihar College of Pharmacy, sought a writ of Mandamus under Article 226 to allow its students to register and participate in pharmacy examinations. The court granted the petition after finding that the necessary affiliations and approvals were present, emphasizing that the Pharmacy Act, 1948 governs the recognition of pharmacy educational programs. The court addressed the critical need for student registration and outlined procedural actions for ensuring compliance with regulatory bodies. The students must be allowed to register and submit applications pending the writ's final outcome.
| Table of Content |
|---|
| 1. judicial intervention necessary for protecting student interests. (Para 4 , 8 , 9) |
| 2. jurisdiction to issue writs for student registration. (Para 5) |
| 3. mandate of the pharmacy act governs pharmacy education. (Para 6 , 7) |
| 4. directive for immediate action on student registration. (Para 10 , 12) |
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 02-12-2025 Heard the parties.
2. The petitioner, Bihar College of Pharmacy, through its authorized representative has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus directing the respondent authorities under the Health Department of the State Government, Magadh University and also Bihar University of Health Sciences for allowing the students of the petitioner college for registration and to participate in the examination for the post of Diploma in Pharmacy, who are involved for the Session 2024-25 for the examination to be conducted by the University.
3. An interlocutory application bearing I.A. No. 1 of
2025 came be filed with a categorical submission that on account of inadvertence in the prayer portion of the writ petition, some of the courses have been left out and therefore, the prayer has further been amended and clarified that to allow the students of petitioner college for registration to participate in examination in all approved pharmacy courses namely D. Pharm, B. Pharm, B. Pharm (Lateral Entry), and M. Pharm, including the newly approved M. Pharm (Pharmaceutical Chemistry) course for the session 2025-26, in accordance with law and Pharmacy Council of India (in short PCI) approval and any other relief/reliefs that the petitioner may be found to be entitled to.
4. In view of the aforesaid facts and the averments made in the interlocutory application bearing I.A. No. 1 of 2025, the same stands allowed.
5. The facts are not in dispute that the Bihar University of Health Sciences after coming into existence in terms with Bihar University of Health Sciences Act, 2021, vide notification no. 571 dated 30.08.2023 granted affiliation to various pharmacy colleges, including the Bihar College of Pharmacy (Petitioner College) for the Session 2023-24. By the said notification, the college is permitted an intake of 100 seats in the Bachelor of Pharmacy course and 15 seats in the M. Pharm course, which was duly granted to the college. Further, vide subsequent notification no. 873 dated 24.07.2024, the University accorded approval to petitioner college for Diploma in Pharmacy course for the Session 2023-24 with an intake capacity of 60 seats, with certain conditions. That after having duly affiliated, the Bihar University of Health Sciences requested the Health Department regarding recognition of the petitioner college from Health Department, Government of Bihar and in response to the said letter, the State Government vide its letter no. 1036(17) dated 17.09.2025 has apprised the Registrar-cum-Secretary, Pharmacy Council of India, New Delhi regarding recognition matter of Bihar College of Pharmacy, Bailey Road, Patna and also about the request of the Bihar University of Health Sciences, Patna to provide guidance with respect to granting recognition of the M. Pharm/ B.Pharm /D.Pharm courses being conducted by the Bihar College of Pharmacy.
6. Mr. Abhinav Srivastava, learned Senior Advocate representing the petitioner college has submitted that notwithstanding the aforesaid fact, the college has been duly affiliated with the University and the petitioner has been allowed to take admission and pursue the courses, the students have been deprived to get registered with the University; hence dire necessity to approach this Court. The guidelines as has been sought for by the Pharmacy Council of India, at the hands of the authorities of the Health Department is not required in view of the mandate of the Apex Court in the case of the Pharmacy Council of India vs. Dr. S.K. Toshniwal E
