VIVEKANAND TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) The present special appeal is directed against the judgement and order dated 26.08.2014 passed by the learned Single Judge in Writ Petition No. 338 of 2014 (Vivekanand Tripathi and 07 others Vs. State of U.P. and others), whereby the prayer of the appellants to rectify the certificates of Diploma in Pharmacy issued to the appellants by incorporating therein the year in which the appellants appeared in the final year examination instead of the year in which they cleared the back papers has been declined and writ petition was dismissed.

(2.) The facts, in nutshell, are that the appellants, before us, were admitted in the year 1999, 2000, 2001 for two years course of Diploma in Pharmacy in different Colleges recognised by the respondent No.2 and were promoted to final year in the year 2000, 2001 and 2002. The appellants appeared in the final examination and credited back papers in one or two papers in their account. The Regulation No.3 of The Uttar Pradesh Pravidhik Shiksha (Admission, Conduct of Examination and Conferment of Certificates and Diplomas) Regulations, 1992 (hereinafter to be called as 'Regulations, 1992') provides that the special back papers were required to be held in the months of October and November but actually were held by the respondents only along with annual examination of next year i.e. 2003. The appellants were issued two mark sheets one showing passing year of 2002 and the other showing passing of back papers in the year 2003. The diploma certificates in favour of the appellants were also issued in the year 2003 in place of final examination year 2000, 2001 and 2002. The appellants applied for appointment as pharmacist pursuant to the advertisement dated 12.11.2007 published in a daily newspaper "Dainik Jagran" and issued by the Director, Medical and Health Service U.P. Lucknow. Their case for appointment was not considered as certificates issued to them were of the year 2003.

(3.) It appears that after the aforesaid advertisement the issue concerning the appointment to the post of Pharmacist in the State of U.P. travelled up to the Supreme Court and it was resolved by the order dated 3rd August, 2010. In contempt petitions filed by the concerned parties once again the issue was raised whether the appellants before Apex Court would be entitled to the same benefits as those diploma holders governed by the 1980 Rules having obtained their diplomas in Pharmacy after 1998. The Apex Court modified the order to the extent that the benefits be provided to all those pharmacists diploma certificate holders, who had obtained their diploma in Pharmacy up to year 2002. In these circumstances, the appellants before us who were awarded diploma certificates in the year 2003 are found out of fray in view of the Hon'ble Apex Court Judgement.