JASRAJ SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Avneesh Tripathi, the counsel for the petitioner, Sri Rahul Chaudhary, the counsel for respondent nos. 3 and 4, i.e., Amity University and its Vice-Chancellor, Sri Vaibhav Tripathi, the counsel for the Pharmacy Council of India and the Standing Counsel representing the State of Uttar Pradesh, i.e., respondent no. 1.

(2.) Amity University is recognized by the University Grants Commission and runs, amongst other, Bachelor of Pharmacy (B. Pharm) Course. The duration of the course is four years / eight semesters. The pharmacy course is regulated by the Pharmacy Act, 1948 (hereinafter referred to as, 'Act, 1948'). In light of the judgment of the Supreme Court in Pharmacy Council of India vs. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy & Ors. 2021 (10) SCC 657, the norms and regulations of the Pharmacy Council of India (hereinafter referred to as, 'PCI') are to be followed by the institutions imparting education for degrees and diplomas in Pharmacy.

(3.) Sec. 3 of the Pharmacy Act, 1948 stipulates the constitution of a Central Council. The PCI is the Central Council referred in the Act, 1948. Sec. 10 of the Act, 1948 provides that the Central Council may, subject to the approval of the Central Government, make regulations to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist. The provision further provides that the Education Regulations may prescribe the subjects of examination and the standards to be attained in the subjects and other condition for admission to examinations. Sec. 10 (4) provides that the Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct. Sec. 10 of the Pharmacy Act, 1948 is reproduced below : -