Patna High Court
Prabhakar Sinha vs The State Of Bihar on 8 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 5464 of 2025
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Prabhakar Sinha Son of Bhupendra Narayan Sinha Resident of Mohalla-
Nakki Nagar P.O. and P.S.- Jamalpur, District-Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Govt. of Bihar, Patna.
2. The Controller of Examination, State Pharmacy Examination Committee,
Bihar, Patna.
3. The Bihar Technical Service Commission, Patna through its Secretary.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Prashant Sinha, Advocate
For the BTSC : Mr Nikesh Kumar, Advocate
For the S t a t e : Mr Advocate General
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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 08-04-2025
This petition has been preferred by the petitioner
seeking the following reliefs:
"(i) For necessary direction upon the
respondent authorities to allow the petitioner to
provisionally apply against the advertisement
No 22 of 2025 dated 10.03.2025 published by
the Bihar Technical Service Commission for the
post of Pharmacist as due to delay in conduct of
examination by the examining body, which is
also under the Health Department, Government
of Bihar, the petitioner who had taken
admission in the academic session of 2020-22 in
D Pharma course could appear in the 2nd part
examination of D Pharma course in November,
2024 and presently he is undergoing practical
training, therefore, the petitioner may be
allowed to participate in the selection process
subject to the result of D Pharma examination
Patna High Court CWJC No.5464 of 2025 dt.08-04-2025
2/4
and practical training as well as registration by
the Bihar State Pharmacy Council.
(ii) For holding that the petitioner
cannot be made to suffer for the lapses on the
part of the examination authority, which is none
other than a body under the control of the
Health Department. Government of Bihar.
(iii) For extending the last date of
submission of application form after 08.04.2025
for the petitioner.
(iv) For any other direction which
your Lordships may deem fit and proper in the
facts and circumstances of the case."
2 It is submitted by the learned counsel for the petitioner
that after a lapse of almost 25 years, the Bihar Technical Service
Commission has published Advertisement bearing No 22 of 2025
inviting applications against 2473 vacancies of Pharmacists for
which the application to be submitted from 11.03.2025 to
08.04.2025
. The requisite qualification for participating in the
selection process is Intermediate/10+2 (Science) and pass in all
three parts, i e, Parts I, II and III of Diploma in Pharmacy
Examination and the certificate to this effect and registration with
Bihar State Pharmacy Council. According to the counsel, the
petitioner took admission in Diploma in Pharmacy Course in the
academic session 2020-22. Due to delay committed by the
Examining Authority in conducting the examination, the first part
examination, which should have been conducted in the year 2021,
Patna High Court CWJC No.5464 of 2025 dt.08-04-2025
was held with effect from 26.06.2023. The petitioner appeared
and passed in the first part of the examination. The second part of
the examination was also delayed compelling the petitioner to file
a writ petition bearing CWJC No 10468 of 2024. During
pendency of the writ petition, the examination programme for
second part of the examination was notified and subsequently
second part of the examination started with effect from
15.11.2024. The petitioner appeared in the examination and the
result is awaited. Meanwhile, Advertisement No 22 of 2025 has
been published. According to the counsel, if the first and second
parts of the examination were conducted by the Examining
Authority in time then the petitioner would obtain the requisite
qualification by the end of the year, 2022 and he would have
participated in the selection process but on account of delay in
conducting the examination by the Examining Body, the petitioner
has remained ineligible for want of completion of practical
training and grant of certificate for passing the examination of all
the three parts of D Pharma Course. Therefore, it is prayed by the
learned counsel that the petitioner may be allowed to provisionally
apply against the advertisement with the condition that the
candidature of the petitioner shall be outcome of the result of the
petition.
Patna High Court CWJC No.5464 of 2025 dt.08-04-2025
3 Learned counsel for the State opposes the argument
raised by the learned counsel for the petitioner and submits that
since he petitioner does not have requisite qualification for
participating in the selection process, therefore, he is not entitled to
participate in the selection process merely on the ground of delay
in conducting the examination of Parts I and II. Therefore, the
petition preferred by the petitioner is liable to be dismissed.
4 I have heard learned counsel appearing for the parties,
perused the documents annexed with the petition.
5 Undisputedly, the petitioner is not having requisite
qualification for selection as he has not passed Parts I and II of the
examination and also does not have any certificate to that effect
and registration with Bihar State Pharmacy Council. Only on the
ground that examination of first and second parts were conducted
belatedly, the petitioner cannot be permitted to participate in the
selection process.
6 Accordingly, this petition is liable to be and is hereby
dismissed at the stage of admission itself, having no merit.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.04.2025
Transmission Date NA
