L N MISHRA INSTITUTE OF PHARMACY Vs. STATE

JUDGEMENT

(1.) The petitioner, L. N. Mishra Institute of Pharmacy, Dhanbad, (hereinafter to be referred to as the 'Institute' only) claiming to be conducting Diploma Courses in Pharmacy (hereinafter to be referred to as 'D.Pharma.' only) has filed the present writ application for a writ of mandamus directing the respondent - Controller of Examination (hereinafter the 'Controller' only), Health Department, Government of Bihar, to permit its students to sit at the ensuing D.Pharma. examination to be held by him.

(2.) According to the petitioner institute, the State Government under its letter dated 18-11-1988 as contained in Annexure '1' addressed to the Pharmacy Council of India (hereinafter the 'Central Council' only) has communicated that the Government has taken a decision to allow the students of the institute to appear at the D. Pharma. examination from 1986 session and, therefore, necessary action in this regard may be taken. But the Central Council did not take any step in this regard, still as stated in the writ application, the students of the institute for the sessions 1986-87, 1987-88 and 1988-89, were allowed to participate in the First Year D.Pharma. Examination held by the Controller and the results were also published. But subsequent thereto, the students are not being issued admit cards for appearing in further examinations pertaining to D.Pharma. It may be stated here that the petitioner by way of an amendment petition filed on 10-3-1993, has stated that the Central Council, after inspection of the Institution, under its letter dated 30-3-1992 (Annexure-9) communicated to the petitioner that the Council has decided not to approve the conduct of Diploma Course in Pharmacy by the petitioner-Institute since its performance was found to be in deficiency with the Education Regulations, 1981.

(3.) Mr. Tara Kant Jha, appearing for the petitioner has submitted that since the State Government had taken a decision to allow the students of the Institute for the session 1986 and onwards, it is absolutely arbitrary on the part of the Controller not to permit the students of the Institute to appear at the examination in question.