ALOK MAITHANI Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner is an Assistant Professor in Sardar Bhagwan Singh Institute, Balawala, Dehradun and wants to become a Pharmacist in Government Medical Hospital. His qualifications are B.Sc., M.Sc. in Pharmaceutical Chemistry and thereafter a Ph.D. in Chemistry. The petitioner had applied for the post of Pharmacist in Government Department in the State of Uttarakhand but since his candidature was not considered for want of eligibility, he was constrained to file the present writ petition before this Court.

(2.) Admittedly, the work of a Pharmacist is governed by a Central Act known as the Pharmacy Act (from hereinafter referred to as "the Act"), wherein under Section 10 of the Act, the Central Government has been directed to frame regulations. Section 10 of the Act reads as under:-

(3.) Under Section 10 of the Act, the Central Government has framed regulations known as the Pharmacy Council of India Education Regulations, 1991 for the Diploma Course in Pharmacy. Under Regulation 2, the qualification of a Pharmacist has been given, which reads as under:-