GITA ARUN KHALADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a declaration that the impugned Regulation known as "education Regulations 1991" framed by the Pharmacy Council of India are unconstitutional and ineffective in law in so far as the said regulations prescribe minimum qualification for diploma course in pharmacy. The petitioners have sought various consequential reliefs as set out in the prayer clauses of the petition.

(2.) THE petitioners are students. The petitioners have passed 10th Standard Examination held by Maharashtra Secondary School Examination Board in June, 1994. The petitioners have filed this petition through their guardian as set out in the cause title of the petition. The impugned regulations prescribe passing of Intermediate Science examination as the minimum qualification for admission to the diploma course in pharmacy. If the impugned regulations are valid, the petitioners are not entitled to seek admission to the Diploma Course in pharmacy.

(3.) SECTION 10 of the Pharmacy Act, 1948 empowers the Central Council to make Regulation Order called the "education Regulations" subject to the approval of the Central Government as more particularly set out therein. Section 10 (1) and Section 10 (2) of the said Act read as under :-