Rajasthan High Court

Namo Narayan Vaidh S/O Shri Vrij Mohan ... vs Pharmacy Council For India ... on 18 January, 2024

Bench: Manindra Mohan Shrivastava, Shubha Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Special Appeal Writ No. 406/2023

Namo Narayan Vaidh S/o Shri Vrij Mohan Vaidh, Aged About 35 Years,
R/o Village And Post Shyampura, Tehsil Bansur, District Alwar (Raj.)
----Appellant
Versus
1. Pharmacy Council For India, Through Its Registrar-Cum-
Secretary, Nbcc Centre, 3Rd Floor, Plot No.2, Community
Centre, Maa Anandamai Marg, Okhla Phase-I, Landmark (Near
Hotel Crowne Plaza) New Delhi
2. The Registrar Rajasthan Pharmacy Council, Govt. Dispensary
Campus, Near Sahkar Bhawan, Sardar Patel Marg, Jaipur
3. The Registrar, Maharaj Vinayak Global University, Campus
Dhand, Amer, Jaipur-Delhi National Highway No. 11C, Jaipur
4. The Principal Jaipur School Of Pharmacy Maharaj Vinayak
Global University, Campus Dhand, Amer, Jaipur-Delhi National
Highway No. 11C, Jaipur
5. The Secretary, Rajasthan Board Of Secondary Education, Jaipur
Road, Police Lines, Ajmer
6. The Chairperson, National Institute Of Open Schooling, A-
24/25, Institutional Area, Sector-62, Noida District Gautam
Budh Nagar (Up).
7. The Secretary, National Institute Of Open Schooling, A-24/25,
Institutional Area, Sector-62, Noida District Gautam Budh
Nagar (Up).
8. The Director (Evaluation), National Institute Of Open
Schooling, A-24/25, Institutional Area, Sector-62, Noida
District Gautam Budh Nagar (Up).
----Respondents

For Appellant(s) : Mr. Devendra Kumar Bhardwaj
For Respondent(s) : Ms. Nikita Bhandari on behalf of
Ms. Anuradha Upadhyay for respondent

No.1 Mr. Aditya Surollia for respondent No.2 Mr. Mahendra Tiwari, Registrar, Maharaj Vinayak Global University in person with Mr. Ashwani Gupta, Adv. for respondent Nos. 3 & 4.

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment

18/01/2024

1. This appeal is directed against order dated 02.02.2023 by which

the writ petition filed by the appellant-petitioner has been dismissed.

2. Brief facts giving rise to the controversy before us in this appeal

are that the appellant herein applied for the course of D-Pharmacy

claiming him to be eligible to undertake the course, having passed the

subjects, as prescribed under the applicable Regulations. The appellant

was given provisional admission by the Constituent College of the

University of Maharaj Vinayak Global University. While the appellant was

pursuing his course in D-Pharmacy, at the stage of examination he was

not allowed to appear in the examination presumably for the reason that

the College and the University were of the view that the appellant is not

possessed of the minimum eligibility qualification as prescribed under

the Pharmacy Council of India Education Regulations, 1991, later on,

substituted by Pharmacy Council of India Education Regulations, 2020.

Aggrieved by the action of the respondents, the appellant filed writ

petition.

3. Learned Single Judge was of the view that the petitioner is not

entitled to admission in the D-Pharmacy course as he passed 10+2

examination in the subjects of Chemistry, Biology and Agriculture which

does not fulfill the requirement of the Regulations insofar as minimum

qualification for admission for D-Pharmacy in Pharmacy Part-1A is

concerned. Learned Single Judge further held that passing of the Physics

Examination from the National Institute of Open School having not been

prescribed under the Regulations of 1991, the aforesaid qualification

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does not make the appellant eligible for admission to D-Pharmacy

course.

4. Learned counsel for the appellant would argue that though the

appellant had passed 10+2 examination (academic stream) in Science

with the subjects of Chemistry, Biology and Agriculture in the year 2007,

later on, he appeared in the examination conducted by the National

Institute of Open School in the year 2020 and passed in the subject of

Physics and, therefore, he acquired the minimum qualification of having

passed 10+2 examination in the subjects of Chemistry, Biology and

Physics. He would submit that at the time when the petitioner-appellant

was admitted to the D-Pharmacy course, the Regulations of 1991 were

repealed and new Regulations known as Education Regulation, 2020 for

Diploma course in Pharmacy had come into force vide Notification dated

09.10.2020. Minimum qualification for admission to Diploma in

Pharmacy-A has been prescribed as 10+2 examination (Science

academic stream) with Physics, Chemistry and Biology, or Mathematics,

or any other qualification approved by the Pharmacy Council of India for

that examination. The Pharmacy Council of India in its reply fully

supported the case of the petitioner and clearly stated that the

qualification acquired by the petitioner after passing examination in the

subject of Physics conducted by NIOS does not create a bar. He would

submit that the Pharmacy Council of India has also placed in the writ

proceedings, circulars issued by it on 30.07.2015 and 07.09.2015

(Annexure R/2 & R/3), which draws equivalence and therefore, there

was no impediment in holding the appellant possessed of the minimum

required qualification for admission to D-Pharmacy Course. He would

further submit that as the Pharmacy Council of India as well as NIOS

which were party respondents in the writ petition have supported the

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case of the appellant-petitioner, dismissal of writ petition on the ground

that the appellant was not possessed of the minimum qualification for

admission to D-Pharmacy course is not correct in law.

5. Learned counsel appearing for respondent Nos.3 & 4, being the

only contesting respondents before the Writ Court as well before this

Court however, submit that the University and the Constituent College in

which the appellant sought admission have acted strictly in accordance

with the Regulations framed by the Pharmacy Council of India from time

to time and also various instructions including communication dated

25.10.2021. The Pharmacy Council of India clearly states that the

possessing prescribed admission eligibility requirement from different

course is inconsistent with Education Regulations, 1991 under which

Constituent College could not grant admission. Therefore, keeping in

view the prescribed minimum qualification, decision was taken in the

matter.

6. Learned counsel appearing for Pharmacy Council of India would

submit that the Pharmacy Council has taken a clear stand in its return

regarding eligibility of the appellant to undertake D-Pharmacy Course.

Referring to circulars which have been issued from time to time,

provisions contained in the Regulations as also the decision taken by the

Pharmacy Council in its 355th EC meeting dated 12.10.2021, wherein it

has been stated that possessing prescribed eligibility admission

requirement for different courses is inconsequential as ER-91 under

which the candidate has taken admission in D-Pharmacy course does not

bar the same.

7. Learned counsel appearing for respondent No.2 states that as the

qualifications are prescribed by the Pharmacy Council of India, he also

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joins the submission made by the learned counsel for Pharmacy Council

of India.

8. The Pharmacy Council of India is a statutory body constituted

under the Pharmacy Act, 1948 which is a Central Act passed by the

Parliament, with the objective of regulating the admission and practicing

of profession of Pharmacy in the country, in order to ensure that

qualified and skilled manpower takes care of the health of the society.

8.1. In order to fulfill the objectives of the Pharmacy Act, amongst

various powers conferred under the Act, the Pharmacy Council is also

conferred with powers to prescribe minimum standard of education

required for qualifying as a Pharmacist under Section 10 of the

Pharmacy Act. In exercise of those powers, the Pharmacy Council of

India framed education Regulations prescribing conditions and eligibility

qualification for admission to various Pharmacy courses. Earlier,

Pharmacy Council of India framed Regulations known as Pharmacy

Council of India Education Regulations, 1991. The Regulations

prescribed eligibility qualification for admission to D-Pharmacy course

Part-1 is as below:-

"Minimum qualification for admission to Diploma in Pharmacy Part-I course-A pass in any of the following examinations with Physics, Chemistry and Biology or Mathematics.(1)Intermediate examination in Science;(2) The first year of the three year degree course in Science (3) 10+2 examination (academic stream) in Science;(4) Pre-degree examinations;(5) Any other qualification approved by the Pharmacy council of India as equivalent to any of the above examinations."

9. The aforesaid prescribed minimum qualification, while specifying

minimum qualification, also confers power on the Pharmacy Council of

India to recognize any other qualification that may be approved by it as

equivalent to any of the specified examinations as enumerated in Clause

1, 2, 3 and 4.

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10. In exercise of its powers to draw equivalence, the Pharmacy

Council of India issued two circulars dated 30.07.2015 and 07.09.2015.

In the first circular issued to all the Educational Institutions approved

under Section 12 of the Act running D-Pharma, B-Pharma, Pharma-D

courses and other institutions approved for conducting B-Pharma,

Pharma-D courses and other functionaries stated thus:-

"Sub: Eligibility of Open School education system of the Central Govt./State Govts. institutions for admission in Pharmacy courses for the purpose of registration as a Pharmacist under the Pharmacy Act, 1948.

Sir/Madam, With reference to the subject cited above, it is informed that the Pharmacy Council of India in its 97th Central Council meeting held in June, 2015 has decided to approve a pass from Open School education system of the Central Govt./State Govts. institutions for admission to various Pharmacy courses for the purpose of registration as a pharmacist."

11. Vide another letter dated 07.09.2015, following decision was

communicated as below:-

"Sub: Eligibility of Open School education system of the Central Govt./State Govts. institutions for admission in Pharmacy courses for the purpose of registration as a Pharmacist under the Pharmacy Act, 1948.

ref: Our Circular No.14-2/2015-PCI(A)/17504-19312 dt.30.7.2015.

Sir/Madam This is in continuation to Council's circular dt.30.7.2015. In this connection, it is informed that subject cited issue was again placed in 265th Executive Committee meeting of the PCI held in August 2015 and relevant decision is as under

"It was noted that the 97th CC (June, 2015) has approved that a student who has passed from Open School education system of the Central Govt/State Govt institutions be made eligible for admission to pharmacy courses as per the concerned Education Regulations.

It was further decided to recommend to the Central Council that the students of such Open Schools who have already passed or are undergoing pharmacy courses shall he treated as eligible for registration as a

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pharmacists under the Pharmacy Act, 1948 subject to fulfillment of the other prescribed conditions of registration under the Pharmacy Act 1948."

The above recommendations are subject to ratification by the Central Council."

12. It is thus clear that while under the Regulations certain

qualifications for admission to D-Pharmacy course were specified

under various clauses, the Council retained the power to draw

equivalence and to specify qualifications. The Council in the two

circulars clearly stated that the Pharmacy Council of India has

approved that a student who has passed from the Open School

Education System of the Central Government/State Government

institution be made eligible for admission to various Pharmacy

courses for the purposes of registration as Pharmacist. Therefore, it

is clear that a candidate who has passed 10+2 examination from

NIOS in any subject in the examination conducted by NIOS will have

also to be considered eligible. This is clear from the stand which has

been taken by the Pharmacy Council of India before this Court. In

the return filed by the Pharmacy Council of India with specific

reference to the case of the petitioner, following statement has been

made.

"2.That the contents of Para No. 2 of the writ petition are totally wrong hence denied and are not admitted in the manner as stated. It is submitted that Respondent No.3 Maharaj Vinayak Global University (University) has been established under Maharaj Vinayak Global University, Jaipur Act, 2012 (Act of 2012) which received the assent of the Governor on 19/03/2012. It is evident from the University Act of 2012 that university has been established by the State Legislature of Rajasthan for the purpose of discharging public functions pertaining to imparting education in various academic disciplines. As per the Act of 2012, one such academic field wherein the university has been empowered to impart education and award academic degrees in the discipline of "Pharmacy" as prescribed under Entry 16 of Schedule 2: Disciplines in which University shall undertake study and research of Act of 2012.

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it is further submitted that as per the powers prescribed under the Act of 2012, the University has established its one Constituent College i.e., Jaipur School of Pharmacy which is being run in the University Campus itself after duly seeking approval from the Pharmacy Council of India, New Delhi vide letter dated 10/04/2020 for running Academic Session 2020-21. The photocopy of Approval Letter dated 10/04/2020 issued by the Pharmacy Council of India, New Delhi for running Pharmacy Course for Academic Session 2020-21 is attached herewith as Annexure-R/ 1. It is also pertinent to mention here that Respondent No. 4 is the constituent college of Respondent No. 3 University which is fully governed by the Maharaj Vinayak Global University Act and Pharmacy Council of India (PCI) Education Rules and Regulations. It is also to submit that Petitioner were already that Respondent No. 4 is governed by PCI Education Rules and Regulations not by Information booklet of Rajasthan University of Health and Science but the petitioner intentionally fabricating this fact from the court and falsely mentioned that he is eligible for D. Pharma Course according to the Information Booklet of Rajasthan University of Health and Sciences which is not applicable upon the petitioner but applicable to only those students who are students of Rajasthan University of Health and Sciences.

3.That the contents of Para No. 3 (wrongly mentioned 2 in WP) are totally wrong hence denied and are not admitted in the manner as stated. It is submitted that the petitioner has concealed important material facts from the court that he has cleared his Secondary School Examination in the year 2003 from Rajasthan Board, Senior Secondary (10+2) in Agriculture Stream in the year 2007 from Rajasthan Board, thereafter Bachelor of Arts from Vardhaman Mahaveer Open University, Kota in the year 2010, thereafter Bachelor of Law in the Year 2020 and thereafter, after a gap of around 13 years again Senior Secondary in Physics subject from NIOS in October 2020. The photocopy of the Mark Sheet of Secondary School examination of 2003, Senior Secondary Certificate 2007, Mark Sheet of Bachelor of Arts 2010, Degree of Bachelor of Law 2020 issued on 8/02/2021 and Mark Sheet of Senior Secondary from NIOS of October 2020 are attached herewith as Annexure- R/2 to 6 respectively.

4.That the contents of Para No. 4 (wrongly mentioned 3 in WP) are totally wrong hence denied and are not admitted in the manner as stated. It is submitted that the petitioner for the Academic Session 2020-21 have given provisional admission in D. Pharma Course subject to the verification of documents and subiect to fulfilling the minimum eligibility criteria and qualification as prescribed by the PCI Education Regulations for taking admission in the D. Pharma Course.

According to PCI Education Regulations Notification Dated 9th October 2020, Clause- 4 Chapter- 2 of the Notification

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prescribes the minimum eligibility criteria for qualification for seeking admission in Diploma in Pharmacy which stipulates that the candidate has to pass 10+2 Examination (Science Academic Stream) with Physics, Chemistry and Biology or Mathematics. The photocopy of Gazette notification of Pharmacy Council of India dated 09/10/2020 is attached herewith as Annexure- R/ 7."

13. From the stand which has been taken by the Pharmacy Council

of India, it is clear that once the appellant-petitioner passed in the

subject of Physics under 10+2 scheme from the NIOS, he became

eligible, even though when he earlier passed 10+2 examination,

Physics was not one of the subjects. It is not in dispute that earlier

the petitioner-appellant had passed Chemistry and Biology though

with Agriculture subject but after passing examination in the Physics

subject from NIOS, the petitioner-appellant acquired the eligibility in

terms of prescribed minimum qualification for admission to

D-Pharmacy course.

14. In view of the above consideration, we are of the view that the

petitioner-appellant was fully eligible for being admitted to D-