SHIVRAJ SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the constitution of India, the petitioners have sought writ in the nature of mandamus, commanding the respondent No. 3 to issue registration certificates to the petitioners and also directing the State Government to seek approval from the Pharmacy Council of India for the recognition of the course passed out by them.

(2.) BRIEF facts of the case as narrated in the writ petition, are that the petitioners have passed two years course of Diploma in Pharmacy from government Polytechnic Uttarkashi, District Uttarkashi, where they got admission in the year 1998-99. They also completed apprentice training as required under Section 10 of Pharmacy Act, 1948. But Uttar pradesh Pharmacy Council (respondent No. 3) is not registering the name of the petitioners on the ground that the course has not been recognized by the Pharmacy Council of India (for brevity hereinafter p. C. I. ). The petitioners have alleged that they were not aware nor it was brought to their notice by Board of Technical Education or by the institute that the course is not recognized by the P. C. I. It is further alleged that the petitioners are not responsible for the fault on the part of the respondents.

(3.) A joint counter-affidavit has been filed on behalf of the respondent nos. 1 and 5 in which a preliminary objection has been raised that the joint Entrance Examination Board of Uttar Pradesh is the necessary party as the same has selected the candidates. In parawise reply respondent Nos. 1 and 5 had admitted that petitioners have passed course of diploma in pharmacy from the Government Polytechnic. However, it has been stated in the counter-affidavit that the P. C. I, vide its letter dated 20-6-2001 have withdrawn the recognition of government Polytechnic, Uttarkashi.