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2022 Supreme(Online)(P&H) 273

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SARVANAND KUMAR GUPTA – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 13.02.2025 DINESH KUMAR ...... Petitioner VERSUS STATE OF HARYANA THROUGH ITS CHIEF SECRETARY AND OTHERS ...... Respondents

2. CWP-27278 of 2022 (O&M)

SARVANAND KUMAR GUPTA ...... Petitioner VERSUS STATE OF HARYANA THROUGH ITS CHIEF SECRETARY AND OTHERS ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present :- Mr. Imtiyaz Hussian, Advocate for the petitioner in both cases.

Mr. Saurabh Girdhar, AAG, Haryana.

Mr. S. K. Sharma, Advocate and Mr. Rajat Sharma, Advocate for respondent No.3 in both cases. Mr. Amit Kumar, Advocate for Mr. Gopal Sharma, Advocate for respondents No.4 and 5 in both cases.

Mr. Bharat Bhushan, Advocate for respondent No.6 in CWP-27278 of 2022.

***

Harsimran Singh Sethi, J. (Oral)

1. By this common order, two writ petitions, the details of which have been given in the heading, are being decided as both these petitions involve the same question of law on similar facts and the facts are being 2. Written statement on behalf of respondents No.4 and 5 (in CWP-27829 of 2022) filed in Court today and the same is taken on record subject to just exceptions.

3. In the present petition, the grievance of the petitioner is that the petitioner has already passed the Pharmacy course from respondent No.6- Institute but the Pharmacy Council of Haryana is not registering him so as to issue license due to which, he is not able to use his pharmacy degree to his benefits, which is causing prejudice to the petitioner.

4. Learned counsel for the petitioner argues that respondents No.4 and 5 be directed to register the name of the petitioner so that, the petitioner can avail the benefit of the Pharmacy degree which he has obtained from respondent No.6-Institute.

5. Upon notice of motion, the respondents have filed the reply wherein, the respondents have raised certain issues such as that the petitioner had passed the 10th as well as 10+2 examination from Uttar Pradesh and that too in the non-medical stream whereas, for doing the Pharmacy course, the candidate should have done the 10+2 from the medical stream. The further issue is that the petitioner is not got his 10th and 10+2 certificate verified from the institute in Uttar Pradesh.

6. Learned counsel for the respondents submits that even the respondent No.6-Institute is not forwarding the documents of the petitioner so as to verify, whether he was eligible before the grant of admission and whether, he has studied the Pharmacy course before the award of the degree by the college concerned. Hence, as the probe is still on and the petitioner is not cooperating, no benefit of registration could be given in favour of the petitioner.

7. I have heard learned counsel for the parties and have gone through the case file with their able assistance.

8. As of now, the petitioner has as a degree in Pharmacy under which, the petitioner wants to get himself registered with the Pharmacy Council so that he can take the benefit of the qualification which he has obtained while studying with the respondent No.6-college.

9. With regard to the apprehension being shown by the Haryana Pharmacy Council about the validity of the qualification, direction is given to respondent No.6-Institute to forward all the requisite documents of the petitioner for the course undergone to the Pharmacy Council within a period of 30 days of the receipt of the copy of this order.

10. The Pharmacy Council of India is also requested to forward the list of the candidates supplied by respondent No.6 to the Pharmacy Council so that the same could be co-related as to whether the petitioner has undergone the course in a manner required before the registration of the petitioner by the Haryana Pharmacy Council as the petitioner is to perform the duties which concerns with general public at large.

11. The Haryana Pharmacy Council is directed that in case all the requisites are received from the respondent No.6 as well as the Pharmacy Council of India,

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