Andhra Pradesh Pharmacy Council v. N. Krishna S/o Subbarayudu, Kadapa, Cuddapah District
2021-12-10
B.S.BHANUMATHI, PRASHANT KUMAR MISHRA
body2021
DigiLaw.ai
JUDGMENT : Prashant Kumar Mishra, J. W.A.No.1145 of 2017 would call in question order dated 13.06.2017, passed by the learned Single Judge allowing W.P.No.22847 of 2007 preferred by the writ petitioner challenging the order dated 03.09.2007, passed by the Andhra Pradesh Pharmacy Council rejecting his application for registration as Pharmacist. 2. In the writ petition, it was averred that after having completed his Intermediate (Vocational Course) Examination, the writ petitioner was admitted to Diploma in Pharmacy Course and upon completion of the said course, he is entitled to be registered as a Pharmacist under the Pharmacy Act, 1948 and the rules framed thereunder. But, ignoring his eligibility, the 4th respondent-The Pharmacy Council of India, rejected the application of the writ petitioner for registration. 3. The 4th respondent defended the action on the ground that Intermediate (Vocational Course) Examination is not a recognised eligible qualification for admission to a Diploma course. Therefore, the writ petitioner is not entitled to be registered as a Pharmacist. 4. The attention of the Court was invited to Regulation 5 of Education Regulations, 1991 (for short, ‘the Regulations’). Sub-Regulation (5) of the Regulations 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 above examination may also be considered as minimum qualification. However, for the present, we are not on the issue as to whether Intermediate (Vocational Course) examination has to be treated to be an equivalent qualification or not. 5. The issue as to whether such examination was a valid examination for admission to pharmacy course has been set at rest by the Pharmacy Council of India in its letter dated 10.02.2020. As a matter of fact, the said letter has been issued pursuant to the impugned order dated 13.06.2017, passed by the leaned Single Judge in W.P.No.22847 of 2007.
The issue as to whether such examination was a valid examination for admission to pharmacy course has been set at rest by the Pharmacy Council of India in its letter dated 10.02.2020. As a matter of fact, the said letter has been issued pursuant to the impugned order dated 13.06.2017, passed by the leaned Single Judge in W.P.No.22847 of 2007. The contents of the letter being germane to the issue on hand, letter dated 10.02.2020, is reproduced in entirety: “Mon, Feb 10, 2020 at 10.16 AM PHARMACY COUNCIL OF INDIA (Constituted under the Pharmacy Act, 1948) TELEPHONE: 011-61299900 61299901, 61299902, 61299903 E-Mail : registrar@pci.nic.in WEBSITE: www.pci.nic.in NBCC Centre, 3rd Floor Plot No.2, Community Centre Maa Anandamal Marg Okhla 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 – 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.
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 – 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” 6. It is thus apparent that Intermediate (Vocational Course) examination is not a recognised minimum qualification for admission to Diploma in Pharmacy Part-I. The writ petitioner in W.A.No.1145 of 2017 like the petitioners in all the writ petitions except W.P.No.507 of 2016 possesses the said qualification. It is not their case that their qualification is equivalent to any other qualifications in clauses (1) to (4) of Regulation (5) of the Regulations. Their case is that in view of the letter dated 10.02.2020, the Pharmacy Council of India, having approved their Pharmacy Diploma Certificate examination, as one time measure; they are entitled to be registered by the A. P. Pharmacy Council. 7. In the above letter issued by the Pharmacy Council of India, it is categorically mentioned that Intermediate (Vocational Course) examination is not a recognised minimum qualification for admission to Diploma in Pharmacy Part-I course. However, while directing 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, the Pharmacy Council of India has granted one time approval to the candidates who have already admitted to Diploma in Pharmacy Part-I course at an earlier date. 8.
However, while directing 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, the Pharmacy Council of India has granted one time approval to the candidates who have already admitted to Diploma in Pharmacy Part-I course at an earlier date. 8. In view of the above, particularly, in view of the letter dated 10.02.2020, issued by the Pharmacy Council of India, extracted above, we are inclined to dispose of the writ appeal as well as the writ petitions with direction that the Andhra Pradesh State Pharmacy Council shall register the respective writ petitioners as Pharmacists under the State Register of Pharmacists within a period of eight weeks from today. It is made clear that any candidate having been admitted to D.Pharmacy course with Intermediate (Vocational Course) examination, after 10.02.2020, i.e., after issuance of the letter by the Pharmacy Council of India, shall not be entitled to be registered as Pharmacist by the A.P. State Pharmacy Council by virtue of letter of the Pharmacy Council of India. 9. Insofar as W.P.No.507 of 2016 is concerned, Sri N.Harinath, learned Assistant Solicitor General, would submit that the writ petitioner in this case has passed Intermediate examination from National Institute of Open Schooling, New Delhi, and on this ground, he was denied registration by the Andhra Pradesh Pharmacy Council. Sri N.Harinath, however, would fairly refer to Annexure R2 to submit that the Pharmacy Council of India, in its communication dated 07.09.2015, addressed to all such Pharmacy Councils/Registration Tribunals, amongst others, to the effect that a student who has passed from Open School education system of the Central Government/State Government institution is made eligible for admission to pharmacy courses as per the concerned Education Regulations. Thus, according to him, the petitioner in W.P.No.507 of 2016 is entitled to be registered as Pharmacist by the Andhra Pradesh State Pharmacy Council. 10. In view of the above, the petitioner in W.P.No.507 of 2016 is also entitled to be registered as Pharmacist and the writ issued in other writ petitions shall apply in W.P.No.507 of 2016 also. 11. Accordingly, the Writ Appeal as well as the writ petitions are disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.