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2002 DIGILAW 1547 (MAD)

S. Sreejith v. The Tamil Nadu, Dr. M. G. R. Medical University and Others

2002-12-10

E.PADMANABHAN

body2002
Judgment :- The petitioner has prayed for the issue of a writ of certiorarified mandamus calling for the records relating to the letter No.AC 11(2)/40760/2001, dated 3.12.2001 issued by the first respondent, quash the same and direct the first respondent to permit the petitioner to continue his studies in Direct II year Pharmacy Course under Lateral Entry System in the second respondent College of Pharmacy. 2. The petitioner acquired diploma in Pharmacy in the year 1989-90 by Lateral Entry System to the said course. The petitioner passed the examination in First Class with distinction in Pharmaceutical Chemistry. The petitioner sought for admission to B Pharmacy Course through Lateral entry system for academic year 2001-2002 as he is eligible to be admitted in the II year B.Pharmacy directly. In accordance with the circular issued by the first respondent any candidate who acquired diploma in Pharmacy with minimum of 60% in aggregate is entitled to be admitted in II year B Pharmacy Degree course through Lateral Entry System. One another condition imposed being that such candidate should have acquired 50% aggregate marks in both the years of D.Pharmacy examination. The petitioner states that he is eligible in all respects and he was admitted to the II year B Pharmacy course in the second respondent college. The petitioner was admitted provisionally to II year B Pharmacy course. The first respondent by the impugned communication dated 28.9.2001, intimated that the petitioner is not eligible to be admitted in the II year B Pharmacy. Hence the impugned communication is being challenged in this writ petition. 3. The first respondent University has filed a counter contending that the petitioner who had entered into Diploma in Pharmacy by way of lateral entry cannot also once again get admission in the second year B Pharmacy by way of lateral entry, which would mean that he is not putting the minimum number of years of studies. It is contended by the first respondent that the impugned communication is in conformity with rules of the Pharmacy Council of India. It is pointed out that according to 1991 Education Rules the minimum educational qualification for admission to two year Diploma in Pharmacy course is +2 (10+2 years of study). In view of the new Regulation which came into being in the year 1991 two years period of study is a must for getting diploma in Pharmacy after passing +2. It is pointed out that according to 1991 Education Rules the minimum educational qualification for admission to two year Diploma in Pharmacy course is +2 (10+2 years of study). In view of the new Regulation which came into being in the year 1991 two years period of study is a must for getting diploma in Pharmacy after passing +2. The total period required for getting a diploma in pharmacy is 14 years i.e., 10+2+2. 4. It is contended by the first respondent that the petitioner has undergone study of 13 years, instead of 14 years and so he is not eligible for admission directly to the II year B Pharmacy in terms of the existing regulation. The certificate issued by the Kerala Pharmacy Council will not help the petitioner nor it will support his stand. The petitioner who has passed +2 qualification and who was admitted in the Diploma in Pharmacy Course as per 1981 Education Rules by getting one year exemption can only join in the first year B pharmacy degree course and not in the second year degree course. The first respondent contended that there are no merits in the writ petition and prays for the dismissal of the writ petition. 5. The third respondent Pharmacy Council of India filed a counter stating that a candidate like the petitioner who has passed a diploma examination in Pharmacy would be eligible to join the II year Degree of B Pharmacy course to qualify for registration as Pharmacist if he has undertone the studies in an approved institution in terms of section 12 of The Pharmacy Act. It is further stated that Pharmacy Council has resolved in its meeting held on 20th May 2001 and issued a circular on 19.6.2001 to the effect that direct admission to B Pharmacy II year course is permissible and imposed the condition that students directly admitted to B Pharmacy II year degree course shall pass those subjects of B Pharmacy I year which are not covered under Diploma Pharmacy course. 6. Copy of the Education Regulation 1981 has been placed before the Court. It provides for lateral entry into the second year class of Diploma in Pharmacy if the candidate has passed 10+2 academic stream in science or other qualifications as provided therein. 6. Copy of the Education Regulation 1981 has been placed before the Court. It provides for lateral entry into the second year class of Diploma in Pharmacy if the candidate has passed 10+2 academic stream in science or other qualifications as provided therein. According to that Scheme only, the writ petitioner, who has passed 10+2 examination Academic Stream was admitted to the second year class diploma in pharmacy during 1989-90. The petitioner who acquired the diploma in Pharmacy long prior to the commencement of the new Education Regulation 1991. As of today the Education Regulation 1991 came into force, and the petitioner is a full-fledged diploma holder in Pharmacy and there cannot be any controversy in this respect. 7. It is admitted that a diploma holder in Pharmacy with the minimum of 50% marks is entitled for lateral admission to B Pharmacy II year course. Therefore the petitioner who is already a diploma holder in Pharmacy since 1989-90 is eligible for lateral admission to B Pharmacy II year course. The objection that the petitioner had acquired lateral entry admission in D. Pharmacy and therefore he cannot also acquire lateral admission in B Pharmacy cannot be sustained. The view taken by the University in this respect on the basis of total number of years of study cannot be a ground to reject the petitioner's lateral admission to II year B Pharmacy degree course. 8. The circular issued by the Pharmacy Council of India has been placed before the Court and the Circular is dated 19th December, 2001. The circular reads thus:- "With reference to the subject cited above, I am directed to inform that the Executive Committee of the Council in its meeting held in October, 2001 has approved the D.Pharm Course, approved U/s.12 of the Pharmacy Act as an approved entrance qualification for direct admissions to B.Pharm IInd year course irrespective of the fact as to whether the candidate has passed out under present Education Regulations, 1991 or repealed Education Regulations, 1953, 1972 and 1981. The other conditions prescribed by the PCI for direct admissions to B.Pharm IInd year shall remain same as already communicated by the Council to concerned authorities on 19.6.2001." 9. The other conditions prescribed by the PCI for direct admissions to B.Pharm IInd year shall remain same as already communicated by the Council to concerned authorities on 19.6.2001." 9. The above circular makes it abundantly clear that the petitioner who has passed Diploma in Pharmacy Course and who possess the minimum qualification marks is entitled for admission to B Pharmacy II year course irrespective of the fact whether he has passed it under 1991 Education Regulations or under 1981 Repealed Education Regulation. In the light of the above circular issued by the Pharmacy Council of India, the admitted fact that the petitioner has validly acquired D.Pharmacy course and who possess the qualifying marks, it is clear that the same will enable him to get admission to B Pharmacy II year course directly. 10. In the light of the above discussion the impugned communication of the first respondent is quashed and this court holds that the petitioner has been validly admitted to II year B Pharmacy Course in the second respondent college and he is entitled to continue the II, III and IV year course and appear for the examinations prescribed for the said years by the first respondent-Dr.M.G.R.Medical University. 11. The writ petition is allowed as prayed for. Consequently, connected WPMPs are closed. No costs.