GOVERNING BODY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Governing Body of Ram Lakhan Singh Yadav College of Pharmacy, Anishabad, Patna (in short, hereinafter referred to as 'the institution') has preferred to file this writ application primarily seeking two reliefs. These are for a mandamus (i) to hold Diploma in Pharmacy examination for the session 1989 91 to 1991 93 and (ii) to provide hospital training to the students of the institution for completing their practical training in Diploma in Pharmacy (Part Il B).

(2.) IN this case it is an admitted position that the petitioner is an approved institution for conducting the course in question and the respondent Controller of Examination is the declared examining authority. These facts are clearly apparent from the notification published in the Gazette of India dated the 5th September, 1992. Two facts having material bearing on the reliefs claimed by the petitioners are also apparent from the notification published in the said Gazette, which reads as under : Resolution No. 53/PCI/784. (1) In pursuance of the provisions of Sub section (1) of Section 12 of the Pharmacy Act, 1948 (8 of 1948), the Pharmacy Council of India declare the Diploma Course in Pharmacy conducted by institutions mentioned below to be an approved course of study for the purpose of an approved examination for Diploma in Pharmacy in respect of number of students and academic session as specified hereunder : Name of Institution in Bihar For admission Approved upto academic limited to session RLS Yadav College of 60 1991 92 Pharmancy, Anishabad, Patna 800002 (2) In pursuance of the provisions of Sub section (2) of Section 12 of the Pharmacy Act, 1948 (8 of 1948), the Pharmacy Council of India declares the Diploma examination in Pharmacy held by the Controller of Examination, Health Department, Government of Bihar, Patna during the session mentioned above to be an approved examination for the purpose of qualifying for registration as a Pharmacist under the said Act.

(3.) SO far as the second relief relating to practical training is concerned, in our opinion, the petitioner Institution has nothing to do with it. As required Under Section 10 of the Pharmacy Act, 1948 (hereinafter referred to as 'the Act') the Central Council had framed the Education Regulations, 1981 inter alia providing therein for courses of its studies, practical training, grant of approval to the institution and examining authorities etc. Subsequently with effect from 11th July, 1992 the Education Regulation, 1991 has been brought into force in supersession of 1981 Regulations. But Regulation 25 of the new Regulations dealing with repeal and savings, provides that a person who is admitted as a student under the 1981 Regulations to the courses of training for Diploma in Pharmacy and who has not passed the examination at the commencement of the new Regulations has to pass the examination in accordance with earlier Regulations, subject to the provisions made under the proviso thereto. Chapter 2 of the 1981 Regulations dealing with D. Pharma.(I and II A) provides for conducting of the course in question by the approved institutions in respect of Part I and Part IIA examination only. Once a student passes these two examinations, the approved institution is relieved of its statutory responsibility. Chapter 3 deals with Diploma in Pharmacy (II B) which concerns practical training. In this regard Regulations 14 reads as under : Regulation 14. Period and other conditions of practical training. (1) After the satisfactory completion of the Diploma in Pharmacy (Part II A), or any other course accepted as being equivalent by the Pharmacy Council of India, a person shall be eligible to undergo practical training in one or more of the following institutions, namely : (i) Hospital ; (ii) Pharmacy ; (iii) A chemist and druggist ; and a drug manufacturer licensed under the Drugs and Cosmetic Rules, 1945 framed under the Drugs and Cosmetics Act, 1940 (23 of 1940). (2) No institution referred to in Sub regulation (1), shall be eligible to impart practical training unless it fulfils the conditions specified in Appendix D of these regulations. (3) In the course of practical training, the person shall acquire (i) Working knowledge of Keeping of records required by various Acts affecting the profession of Pharmacy, and (ii) Practical experience in (a) the manipulation of Pharmaceutical apparatus in common use ; (b) the recognition of chief crude drugs and chemical substances used in medicine ; (c) the reading, translation and copying of prescriptions including checking of doeses ; (d) the dispensing of prescriptions illustrating the commoner methods of administering medicaments ; and (e) the storage of drugs and medical preparations. (4) The practical training period shall be not less than seven hundred and fifty hours spread over a period of not less than three months, provided that not less than 375 hours are devoted to actual dispensing of prescriptions.