Ghongade Sonali Prakash vs The Directorate Of Technical ...
2021 Latest Caselaw 11927 Bom

                                                                 11-WP-4400-21.doc

Sharayu Khot.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO. 4400 OF 2021


     Ghongade Sonali Prakash                                   ...Petitioner

             Versus

     The Directorate of Technical Education                    ...Respondents
     & Ors.

                                        ----------
     Mr. Vinod Sangvikar i/by Mr. Umesh R. Mankapure for the
     Petitioner.
     Mrs. P.J. Gavhane, AGP for the Respondent Nos. 1 and 2.
                                        ----------

                                        CORAM :           R.D. DHANUKA &
                                                          R.I. CHAGLA, JJ.

                                        DATE         :    26 August 2021
                                                          (V.C.)

     ORDER :

1. The Petitioner in this Petition seeks a declaration

that the Clause HSC/Equivalent Details (Note: Candidate

Passing HSC as ISO (Isolation) Candidate with Subject Physics,

Chemistry, Mathematics, Biology) is contrary to the

Government Resolution dated 18th June 2021.

2. Learned Counsel for the Petitioner invited our

11-WP-4400-21.doc

attention to the judgment delivered by this Court at Nagpur

Bench in case of Kishor son of Vasantrao Bharskar & Ors. Vs.

State of Maharashtra & Ors.1 and would submit that said

judgment would apply to the facts of this case.

3. Learned Counsel for the Petitioner states that the

last date for fling form is tomorrow.

4. A perusal of the Government Resolution dated 18th

June 2021 indicate that Rule 5(1)(A)(b)(i) is modifed as

under :-

"(b) For Post HSC Diploma Courses,-

(i) Pharmacy- pass in 10+2 examination (science academic stream) with Physics, Chemistry and Biology or Mathematics from a recognized institution in Maharashtra State,

Or

Any other qualifcation approved by the Pharmacy Council of India as equivalent to the above examination from a recognized institution in Maharashtra State."

1 Writ Petition No. 4244 of 2016 judgment dated 10 August 2016

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5. It appears that on the basis of the said Government

Resolution, the Respondent No. 3 in the Application form for

Diploma in Pharmacy has made it clear that HSC/Equivalent

Details (Note: Candidate Passing HSC as ISO (Isolation)

Candidate with Subject Physics, Chemistry, Mathematics,

Biology) are not eligible. It is not in dispute that the candidate

has passed HSC with subject Physics, Chemistry and Biology

(Isolation).

6. We cannot direct the Respondent No. 2 to delete any

condition imposed in the application for seeking admission for

the question. The judgment of the Nagpur Bench in case of

Kishor son of Vasantrao Bharskar (supra) would clearly

indicate that the learned Counsel for the Board had made a

statement that the subjects taken up by the Petitioners therein

as isolated subjects were equivalent to the regular subjects that

were taken up by the students who appeared for the frst time

at the HSSC examination, with those subjects.

7. Mrs. Gavhane, learned AGP for the State invited our

attention to the letter dated 1st April 2021 addressed by the

Pharmacy Council of India to the Directorate of Technical

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Education, in which it was clarifed that the student should

have passed 10 + 2 in science subjects with physics, chemistry,

biology or mathematics in an academic stream.

8. In our view, Nagpur Bench in case of Kishor son of

Vasantrao Bharskar (supra) would not assist the case of the

Petitioner. The Petition is devoid of merit and is accordingly,

dismissed with no order to costs.

 [R.I. CHAGLA J.]                             [R.D. DHANUKA, J.]