GUJARAT STATE PHARMACY COUNCIL Vs. HAFEEZ RIZWAN MAHAMOOD

JUDGEMENT

(1.) All these appeals are directed against the common order passed by the learned Single Judge of this Court in Special Civil Application No. 5728/2010 to 5732/2010, by which, the learned Single Judge allowed the writ petitions filed by the petitioners-students.

(2.) The challenge before the learned Single Judge was against the decision taken by the Gujarat State Pharmacy Council, who is respondent no. 7 in the Special Civil Application, by which, the respondent no. 7 refused to give registration to the concerned petitioners as pharmacist on the ground that the said petitioners have undertaken study in an unrecognized institution, and therefore, they are not entitled to get the registration. The original respondent no. 7 is appellant in LPA No. 3019/2010 to 3023/2010.

(3.) The learned Single Judge by the impugned order dated 28.9.2010 came to the conclusion that if Section 12 of the Act is properly considered and understood, then, authority within meaning of section 12 must be Gujarat University and not College because course has been conducted by Gujarat University, Examinations are also conducted by Gujarat University. Learned Single Judge also found that if these guidelines are considered in its proper perspective, then guideline (d) give power to University/Examining Authority to approve transfer/migration under intimation to Pharmacy Council of India and if these guidelines are construed properly, grant of NOC for transfer of petitioners-students from respondent no. 5 College to respondent no. 6 itself suggests that respondent no. 5 college was considered to be approved college or recognized college by Pharmacy Council of India because, otherwise,Gujarat University cannot be permitted the transfer of students means petitioners from respondent no. 5 college to respondent no. 6 college. The learned Single Judge by detailed judgment, accordingly allowed the writ petitions against which the present Letters Patent Appeals have been filed by the Gujarat State Pharmacy Council and Pharmacy Council of India, respectively.