HAFEEZ RIZWAN MAHAMOOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Gaurav Chudasama for petitioners, learned AGP Ms. Jirga Jhaveri for respondent No. 1 and respondent No. 8, learned Advocate Mr. Dhaval G. Nanavati for respondent No. 3, Mrs. V.D. Nanavati for respondent No. 4, learned Advocate Ms. Mamta R. Vyas for respondent No. 5. Though notice issued by this Court has been served on respondent No. 6 and Respondent No. 7, no appearance is filed on behalf of respondent No. 6 and Respondent No. 7.

(2.) Considering submissions made by learned advocates for respective parties, Rule. Service of notice of rule is waived by learned AGP Ms. Jirga Jhaveri on behalf of respondent Nos. 1 and 8. Service of notice of rule is waived by learned Advocate Mr. Dhaval G. Nanavati on behalf of respondent No. 3. Service of notice of rule is waived by learned Advocate Mrs. VD Nanavati on behalf of respondent No. 4. Service of notice of rule is waived by learned Advocate Ms. Mamta R. Vyas on behalf of respondent No. 5. With consent of learned advocates appearing for respective parties, matters are taken up for final hearing today.

(3.) Brief facts of present petitions are to the effect that in March, 2005, petitioners cleared Higher Secondary Certificate Examination. Thereafter, in 2005-06, petitioners took admission through respondent No. 2 Chairman, Centralized Admission Committee, LD Engineering College, Gujarat University Road, Navrangpura, Ahmedabad in Respondent No. 5 College which was approved by respondent No. 4. Petitioners studied course approved by respondent No. 3 and passed examinations held by respondent No. 4 and cleared first year from respondent No. 5 College in April, 2006. Thereafter, respondent No. 5 College was closed due to some circumstances and therefore, respondent No. 5 College transferred its students to respondent No. 6 College in term of academic year 2006-07. Petitioners had studied course approved by respondent No. 3 and passed examinations held by respondent No. 4 and cleared second year from respondent No. 6 College in April, 2007. Thereafter, petitioners have also completed training programme as per Pharmacy Act. In 2006, respondent No. 6 college was granted approval by respondent No. 3 and therefore, petitioners have approached respondent No. 7 by way of filing Registration Application of Pharmacist. On 29.8.2009, said application came to be rejected by respondent No. 7 only on the ground that the first college that is respondent No. 5 herein from which petitioners cleared their first year was not approved by respondent No. 3 and therefore, petitioners are not eligible for registration. Therefore, representation was made to respondent No. 3 and asked that after petitioners completed two years of Diploma in Pharmacy Course successfully, even though, petitioners are not getting certificate, so what should petitioners do with such problem. Such representation was made by petitioners on 17th August, 2009. Reply was given by Pharmacy Council of India page 25 annexure G dated 17th December, 2009 which is quoted as under: