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2011 DIGILAW 898 (PNJ)

Krishan Chand Sharma v. Union of India, New Delhi

2011-03-22

RANJIT SINGH

body2011
JUDGMENT RANJIT SINGH, J. -The petitioner had served as Nursing Assistant in the Army and was discharged on 30.5.1979. He claims to have passed Class IV of Nursing Assistant in the year 1963, Class III in 1964. The petitioner thereafter qualified in Class II and Class I of Nursing Assistant Course in 1972. As per the petitioner, Class III Course of Nursing Assistant in the Army is equivalent to Diploma of Pharmacy. In this regard, reference is made to a letter issued by Secretary, Zila Sainik Board, Faridabad, copy of which is annexed with the petition as Annexure P-3. 2. After retirement, the petitioner submitted an application in the year 1999 for issuing of registration certificate as Pharmacist as he wanted to run a chemist shop. Reference is made to National Classification of Occupations issued in the year 1968 by the Central Government to plead that the course done by the petitioner is equivalent to Pharmacy and the person having qualification of Nursing Assistant III to I is eligible to do the work of Pharmacist. It is, thus, claimed that the petitioner is fully eligible for registration of Pharmacist. 3. The registration of a Pharmacist is regulated by Pharmacy Act, 1948 (for short “the Act”). Section 29 talks of preparation and maintenance of register in this regard and Section 30 regulates preparation of first register. Section 31 deals with qualification for entry in first register. 4. After submitting application, the petitioner made various representations by writing letters. He has forwarded one letter alongwith all requisite documents and draft of requisite fees, copy of which is attached with the petition as Annexure P-7. The petitioner has now been intimated that as per the Pharmacy Council of India, Clause 1 to Clause IV course of Nursing Assistant is not approved under Section 12 of the Act for the purpose of registration as Pharmacist. The prayer of the petitioner is accordingly declined and he has, thus, filed this writ petition to challenge the said order. 5. In reply filed by respondent Nos.1 and 2, the stand as noted above, is projected. Reference is made to Section 32 (2) of the Act and the Education Regulations framed under Section 10 of the Act. The conditions of eligibility for registration of a name on the rolls of State Council as Pharmacist have been so provided in these provisions. In reply filed by respondent Nos.1 and 2, the stand as noted above, is projected. Reference is made to Section 32 (2) of the Act and the Education Regulations framed under Section 10 of the Act. The conditions of eligibility for registration of a name on the rolls of State Council as Pharmacist have been so provided in these provisions. Accordingly, a person must be eighteen years of age and must reside and carry on business of pharmacy in the State. Besides, he must have passed an approved examination or must possess a qualification under Section 14 for being registered as Pharmacist. 6. Reference is made to Section 2 (b) of the Act where word “approved” is defined to mean that he has to have approved qualification by the PCI under Section 12 or 14. The approved qualifications for Pharmacist are as under:- “Diploma in Pharmacy [2 years and 500 hrs practical training course after 10+2 (science academic stream)]. Degree in Pharmacy [4 years course after 10+2 (science academic stream)]. Pharm. D.[6 years course after 10+2 (science academic stream)]. 7. It is pointed out in the reply that the petitioner is seeking registration of Pharmacist with the Haryana State Pharmacy Council on the basis of passing Nursing Assistant Course (class I to IV). These are not approved courses under Section 12 of the Act for the purpose of registration as a Pharmacist to practice profession. It is stated that only those persons, who have fulfilled the prescribed statutorily laid down qualification under Section 32(2) of the Act are eligible for registration, i.e., the candidates, who have acquired qualification approved under Section 12 or 14 of the Act for the registration of a Pharmacist in Diploma in Pharmacy. On the above basis, prayer of the petitioner has been declined and the order is justified on the grounds as mentioned above. 8. Counsel for the petitioner has mainly stressed that once the qualification of a Nursing Assistant has been equated with the qualification for a Pharmacist as given in Annexure P-3, respondents are not justified in insisting upon the requirement for the petitioner to have a qualification as prescribed under Section 12 of the Act. The Government of India, Ministry of Labour has issued some instructions equating trades of the Indian Armed Forces with the civilian occupations to facilitate Registration of Ex-servicemen for employment assistance through Employment Exchange. The Government of India, Ministry of Labour has issued some instructions equating trades of the Indian Armed Forces with the civilian occupations to facilitate Registration of Ex-servicemen for employment assistance through Employment Exchange. These instructions have been annexed with this petition as Annexure P-4. These instructions would only regulate the registration of a person for employment and cannot be treated as something, which can be taken to equate in educational qualifications. To equate educational qualification on the basis of different courses would be outside the role of the courts. Equivalence of educational qualifications and degrees would depend upon the nature of study imparted and has primarily to be done by the Educationalists. This aspect may not strictly arise in this case as the provisions of the duly legislated Act are pressed into service by the respondents to urge that the petitioner does not fulfill the requirement of being registered as a Pharmacist. I do not see any illegality in the course adopted by the respondents, which would call for any interference in exercise of writ jurisdiction. 9. The writ petition is accordingly dismissed. Petition Dismissed.