Telangana High Court
P Renuka vs Secy., New Delhi, And 4 Others, on 21 March, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION Nos.17216 of 2013; 38817, 41688,
41708, 41732, 42430, 42456 of 2015; 1443, 3324,
13168, 13388 of 2016; 26176, 26348, 26460, 27095,
28197, 28205 and 33048 of 2017
COMMON ORDER:
(Per the Hon'ble the Chief Justice Alok Aradhe) Ms. N.Sameena, learned counsel representing Ms. Harija Akkineni, learned counsel for the petitioner in W.P.No.17216 of 2013, and Mr. Mirza Nisar Ahmed Baig, learned counsel for the petitioners in the remaining writ petitions.
Mr. B.Narasimha Sharma, learned Additional Solicitor General of India for the Pharmacy Council of India.
Mr. K.Srinivasa Rao, learned Standing Counsel for the Telangana State Board of Intermediate Education.
Mr. Abdul Quddus Mohammed, learned counsel for the Jawaharlal Nehru Technological University.
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2. Since the common issue arises for consideration in these batch of writ petitions, all the cases are heard together and are being decided by this common order.
3. For the sake of convenience, the facts in W.P.No.17216 of 2013 are referred to.
4. In this writ petition, the petitioner, inter alia, has assailed the validity of the communication dated 04.10.2011 issued by the Pharmacy Council of India stating that Medical Laboratory Technician (MLT) and Bridge Course issued by the Board of Intermediate Education is not approved by the Pharmacy Council of India under Regulation 5(5) of the Education Regulations, 1991, for admission to Diploma in Pharmacy Course. The petitioner, in addition, seeks a direction to the Andhra Pradesh Pharmacy Council to register him as Pharmacist basing on the Bachelor of Pharmacy degree course (B.Pharmacy course) obtained by him from the Jawaharlal Nehru Technological University.
5. Learned counsel for the parties jointly submit that the controversy involved in these writ petitions is covered by a ::3::
decision dated 10.12.2021 passed by a Division Bench of the Andhra Pradesh High Court in Andhra Pradesh Pharmacy Council v. N.Krishna (W.A.No.1145 of 2017 and batch).
6. In W.P.No.17216 of 2013, the petitioner has taken a stand that after having completed the Intermediate (Vocational) Course examination, the petitioner was admitted to B.Pharmacy course and on acquiring the aforesaid degree, the petitioner is entitled to be registered as Pharmacist under the Pharmacy Act, 1948.
7. On the other hand, learned Additional Solicitor General of India has submitted that Regulation 5(5) of the Education Regulations, 1991, provides the following examinations with Physics, Chemistry and Biology or Mathematics as valid qualification for admission to a Diploma in Pharmacy Part-I Course, namely, (1) Intermediate examination Science;
(2) The first year of the three year degree course in Science; (3) 10+2 examination (academic stream) in Science; (4) Pre- degree examination; (5) Any other qualification approved by the Pharmacy Council of India as equivalent to any of the ::4::
above examination may also be considered as minimum qualification.
8. The issue whether the Intermediate (Vocational Course) examination has to be treated as equivalent qualification has been dealt with by the Pharmacy Council of India in its letter dated 10.02.2020. The said letter reads as under:
Mon, Feb 10, 2020 at 10.16 AM PHARMACY COUNCIL OF INDIA (Constituted under the Pharmacy Act, 1948) TELEPHONE: 011-61299900 NBCC Centre, 3rd Floor 61299901, 61299902, 61299903 Plot No.2, Community Centre E-Mail : [email protected] Maa Anandamal Marg Okhla WEBSITE: www.pci.nic.in phase I New Delhi - 110 020 Ref.No.14-2/2020-PCT To
1) Andhra Pradesh State Pharmacy Council
2) Telangana State Pharmacy Council From: PCI Sub: Intermediate in Vocational/Bridge course conducted by the Board of Intermediate Education, Andhra Pradesh for admission to various pharmacy courses.
Sir, With reference to the subject cited above, I am directed to inform that subject cited issue was considered by 108th Central Council of the Pharmacy Council of India in its meeting held in January, 2020, which decided as under -
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a) In the light of the court judgment dt.13.6.2017 in Writ Petition No.22847 of 2007 filed by N.Krishna Vs. Govt of Andhra Pradesh & Ors. which has gone in favour of students and various representations made by the students in the Council's office, the admission of students in pharmacy course(s) already admitted on the basis of Intermediate vocational course/Bridge course with Physics, Chemistry, Biology/Physics, Chemistry, Mathematics run by Board of Intermediate Education, Andhra Pradesh be approved for the purpose of registration as a pharmacist under the Pharmacy Act, 1948. It is subject to condition that students have passed out from the institutions approved by the PCI u/s 12 of the Pharmacy Act, 1948 and passed an approved examination as certified by the Examining Authority as one time measure only without citing a precedence.
b) It was noted that Council has already written to State Governments, Directors of Technical Education, Admission making authorities. Examining Authorities and Board of Intermediate Education of both Andhra Pradesh and Telangana that Intermediate Vocational Course/Bridge course is not approved by the PCI for the purpose of admission to the pharmacy courses and hence, statutory provisions of various Education Regulations as framed under the Pharmacy Act, 1948 be strictly complied with failing which admissions made if any will not be eligible for registration as a pharmacist under the Pharmacy Act to practice the profession and the entire consequences thereof shall rest on the Admission making authorities and PCI in no way shall be responsible for it.
It is reiterated that -
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a) Above admissions approved are for already admitted students only as a one time measure without citing a precedence.
b) It is not for admission to be made in future.
This is for your necessary action. Yours faithfully, (ARCHANA MUDGAL) Registrar-cum-Secretary
9. Thus, it is evident that the Intermediate (Vocational Course) examination is not a recognized minimum qualification for admission to Diploma in Pharmacy Part-I. However, the Pharmacy Council of India has directed the Andhra Pradesh and Telangana State Pharmacy Councils not to admit any candidate having the qualification of Intermediate (Vocational Course) examination to Diploma in Pharmacy Part-I course and has granted one time approval to the candidates who have already admitted to Diploma in Pharmacy Part-I course at an earlier date. The petitioner has been admitted to the aforesaid course prior to February, 2020, and therefore, is entitled to the benefit of one time relaxation.
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10. In view of the letter dated 10.02.2020 issued by the Pharmacy Council of India, the impugned communication dated 04.10.2011 insofar as it relates to petitioners is quashed. The petitioners are held entitled to be registered as Pharmacists by the Telangana Pharmacy Council subject to verification of their Intermediate (Vocational Course) (Medical Laboratory Technician) as well as the Bridge Course Certificate.
11. The writ petitions are accordingly disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
_______________________________ ALOK ARADHE, CJ _______________________________ ANIL KUMAR JUKANTI, J 21.03.2024 vs