A MAHESH Vs. K K COLLEGE OF PHARMACY

JUDGEMENT

(1.) SINCE the issues involved in both the writ petitions are one and the same, by consent of parties, both the writ petitions are taken up together for disposal by this common order.

(2.) THE petitioners in W.P.No.4248 of 2001 are the students of the first respondent college namely K.K.College of Pharmacy, Saligramam, Chennai. THE said college is functioning from the academic year October 1992. Initially it was approved by the Government of Tamil Nadu and was recognised by the Pharmacy Council of India, New Delhi under the provisions of Pharmacy Act, 1948 (hereinafter referred to as the "Pharmacy Act") to impart education in Bachelor of Pharmacy course. In view of the enactment of the All India Council for Technical Education Act, 1987 (hereinafter referred to as "AICTE Act"), the said college was approved by the Council constituted under the said Act from the year 1994 and was affiliated to Dr. M.G.R. Medical University, and there was no approval from the Pharmacy Council thereafter. THE first petitioner appeared for the entrance examination conducted by the Government of Tamil Nadu for admission to the said course during the year 1995 and was admitted under free seat category, and the petitioners 2 to 9 were admitted in the college under the payment category. All the petitioners underwent and completed the B.Pharm. Degree course successfully and were conferred Degrees by the University. THE petitioner in W.P.No.20477 of 2001 was also admitted to the B.Pharm. Degree Course in the first respondent college during the year 1994 under the payment seat category. THE petitioner after completing the said course joined in the M.Pharm Degree course in C.L.Baid Metha College of Pharmacy, Chennai during 1998 and completed the same during the year 2001. THE Tamil Nadu Dr. M.G.R. Medical University had also granted the course completion certificate to the petitioners.

(3.) LET me firstly refer to some of the provisions of the Pharmacy Act which are relevant for disposal of the writ petitions. Pharmacy Act, 1948 (Act 8 of 1948) is a pre-constitution enactment. The statement of objects and reasons of the Act, is to establish a Central Council of Pharmacy which will prescribe the minimum standards of education and approve courses of study and examinations for Pharmacists and provincial Pharmacy Councils which will be responsible for maintenance of provincial registers of qualified Pharmacists. The said Act was amended by Act 70 of 1976 with the object to provide for wider representation in the Pharmacy Council of India by providing representatives of the Union Territory, as also of the University Grants Commission and All India Council for Technical Education and also to empower the Pharmacy Council of India to keep non specialist members as members of its committee. Section 2(i) defines "registered pharmacist" as meaning a person whose name is for the time being entered on the register of the State in which he is for the time being residing or carrying on his profession or business of pharmacy. Section 3 provides for Constitution and composition of Central Council. The said Council so constituted shall include a representative of the University Grants Commission and a representative of the All India Council for Technical Education also. Section 10 provides that the Central Council may subject to the approval of the Central Government, make regulations, to be called the Education Regulation, prescribing the minimum standard of education required for qualification as a pharmacist on the following and without prejudice to the generality of the power (a) the nature and period of study and of practical training to be undertaken before admission to an examination; (b) the equipment and facilities to be provided for students undergoing approved courses of study; (c) the subjects of examination and the standards therein to be attained and (d) any other conditions of admission to examinations. Section 12 makes a provision for approval of courses of study and examinations. As per the said section, an authority which conducts a course of study for pharmacists may apply to the Central Council for approval of the course, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with Education Regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. Equally an authority which holds an examination in pharmacy may apply to the Central Council for approval of the examination, and the Central Council, if satisfied, after such enquiry as it thinks fit to make, that the said examination is in conformity with the Education Regulations, shall declare the said examination to be an approved examination for the purpose of qualifying for registration as a pharmacist under this Act. Under sub-section 3 of Section 12, every authority which conducts an approved course of study or holds an approved examination shall furnish such information as the Central Council may, from time to time, require as to the courses of study and training and examination to be undergone, as to the ages at which such courses of study and examination. Under Section 13, the Central Council is empowered to withdraw the approval granted in the event the approved course of study or an approved examination does not continue to be in conformity with the Education Regulations. Section 15(A) provides for maintenance of register of pharmacists to be known as Central Register which shall contain the names of all persons entered in the register for States. Under Section 15(B) of the Act, the Registrar of the Central Council shall on receipt of the report of registration of a person in the register for a State, enter his name in the Central Register. Under Section 29 of the Act, every State Government shall prepare and keep a register of pharmacists for the State. Qualifications for entry on first register is provided under Section 31 of the Act and the said section reads as under: