Telangana High Court
Mr. Ponnala Mahesh, Khammam Dist vs Registrar, Pharmacy Council Of India, ... 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
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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
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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
