Andhra Pradesh High Court - Amravati
A Rajeswari vs The State Of Andhra Pradesh on 17 February, 2022
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.4191 OF 2022
ORDER:
The petitioner filed the present Writ Petition, under Article
226 of the Constitution of India, to direct the respondents to
register the petitioner as a pharmacist in the teeth of the letter
Ref.No.14-2/2020-PCT and also in view of the judgment passed
by the High Court of Andhra Pradesh in W.A.No.1145 of 2017
and W.P.Nos.6855 of 2012 and batch dated 10.12.2021.
2. The petitioner is the meritorious student, she secured
A Grade in the Board of Secondary Education and completed
her intermediate through vocational course (Multipurpose
Health Worker (F) (M.P.H.W)(F). Thereafter she completed
Diploma in Pharmacy in the year 2012 in first class.
Subsequently, she had made an application for registration at
Andhra Pradesh Pharmacy Council. Despite repeated requests
made by the petitioner, respondents have not acted upon it, on
the ground that the intermediate (Vocational Course)
examination is not a recognised eligible qualification for
admission to a Diploma course, therefore, the petitioner is not
entitled to be registered as a pharmacist.
3. The petitioner has relied on the letter No.14-2/2020-PCT
dated 10.02.2020. The Pharmacy Council of India addressed
said letter to the Andhra Pradesh Sate Pharmacy Council,
wherein it is categorically mentioned that intermediate
(Vocational Course) examination is not a recognised minimum
qualification for admission to Diploma in Pharmacy part-I
course and directed the A.P. State Pharmacy Council of India to
admit any candidate having the qualification of intermediate
(Vocational Course) examination to Diploma in Pharmacy part-I
course, the Pharmacy Council of India has granted one time
approval to the candidates, who have already admitted to
Diploma in Pharmacy part -I course at earlier to date
10.02.2020.
4. As a matter of fact, in the said letter the Pharmacy Council
of India has granted one time approval to the candidates, who
have already admitted to Diploma Pharmacy course part-I
course, earlier to 10.02.2020. Despite the above
communication received by the Andhra Pradesh State Pharmacy
Council, the same was not implemented and not considered the
case of the petitioner for registration under Andhra Pradesh
Pharmacy Council. Hence, the present writ petition.
5. Learned counsel for the petitioner has submitted that
identical issue was raised before this Court in various writ
petitions. So also in the W.A.No.1145 of 2017 and batch, the
Division Bench of this Court in a common order dated
10.12.2021 disposed of the Writ Appeal as well as the Writ
Petitions by considering the letter No.14-2/2020-PCT, dated
10.02.2020 with a direction that the Andhra Pradesh State
Pharmacy Council to register the respective writ petitioners as
pharmacists under the State Register of Pharmacists within a
period of 08 weeks from that day. Therefore, he prays that this
writ petition is also being identical, as the writ petitioner has
completed Diploma in Pharmacy way back in the year 2012,
may be disposed of, in view of the judgment of the Division
Bench in W.A. No.1145 of 2017 and the batch of writ petitions.
6. Considering the above submissions and in view of the
common order dated 10.12.20121 passed in W.A.No.1145 of
2017 and writ petition Nos.6855 of 23012 and batch, this writ
petition is disposed of, directing the 4th respondent i.e. Andhra
Pradesh State Pharmacy Council to consider and register the
case of the petitioner as Pharmacist under the State Register of
Pharmacists within a period of eight (08) weeks from today. No
costs.
As a sequel, miscellaneous applications pending, if any,
shall also stand closed.
______________________
JUSTICE D. RAMESH
Date: 17.02.2022
Pnr
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.4191 OF 2022
Date: 17-02-2022
Pnr
