On 17th June, a bench of Jharkhand High Court consisting of the Chief Justice and Justice Sujit Narayan Prasad dismissed a writ petition filed by the way of Public Interest Litigation for quashing and setting aside of the examination of 1st Part of D. Pharm. Practical Examination on the ground of some violation of statutory provisions. The court while dismissing the petition held that the general people has got nothing to do with the same rather the locus standi will only be restricted to the students who have appeared or is going to appear in the examination.
Facts of the case:
The instant writ petition has been filed by way of public interest litigation seeking direction to the Pharmacy Council of India to ensure the observance of the provisions of the Act as well as “Education Regulations for Diploma Course in Pharmacy made by it in exercise of power under Section – 10 of the Act in letter and spirit. It also sought to set aside the 1st Part of D. Pharm. Practical Examination conducted on 01/03/2021 as per Office Order and to stay the operation of the Office Order, during the pendency of this Petition.
Contention of the petitioner:
Mr. Abhishek Krishna Gupta, learned counsel appearing for the writ petitioner has submitted the following:
- The PIL has been filed for the reason that even though the Pharmacy Council of India has been constituted to ensure the observance of the provisions of the Act however the examination of 2nd Part of Diploma-in Pharmacy (D.Pharm.) has been conducted in violation of mandatory provisions as contained in Education Regulations.
- Since the “Examination Authority” which has been re-constituted is due to wanting of mandatory approval by the Pharmacy Council of India, hence, prayer has been made to set aside the 1st Part of D. Pharm. Practical Examination conducted on 01/03/2021 on the ground of violation of mandatory provisions contained under sections 12, 15, and 16 of the act.
Contentions of the respondent:
Mr. Piyush Chitresh, learned A.C. to learned Advocate General, appearing for the respondent State of Jharkhand and Mr. Rajiv Sinha, learned Assistant Solicitor General of India challenged the writ petition on the ground of maintainability. They were of the view that in the instant Public Interest Litigation there is no involvement of any public element since it will be only for the benefit of a class of people who are students of the 1st Part of D.Pharma.
Observation and judgement of the court:
The Hon’ble bench made the following observation:
- Considering the factual aspects involved in this case on the basis of the aforesaid proposition the court was of the view that it is evident that the writ petitioner, who is claiming to be imparting teaching in one of the Pharmacy College, is seeking a direction for quashing and setting aside the examination pertaining to D.Pharma on the ground of violation of some statutory provision as contained under the Act, 1948.
- The court also observed that Practical Examination on the ground of some violation of statutory provisions even if it will be allowed the general people has got nothing to do with the same rather it will only be restricted to the students who have appeared or going to appear in the aforesaid examination.
Thus the court held that the prayer made in the writ petition will not come under the fold of Public Interest Litigation and accordingly dismissed the petition. It also directed any aggrieved individual to approach the appropriate forum or the court of law.
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