LAWS(PAT)-2025-4-1

SANJEEV KUMAR MISHRA Vs. STATE OF BIHAR

Decided On April 10, 2025
SANJEEV KUMAR MISHRA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) All the writ petitions have been heard together and are being disposed off by this common judgment.

(2.) In C.W.J.C. Nos. 313 of 2025; 72 of 2025; 193 of 2025; 428 of 2025; 4980 of 2025; and 4987 of 2025, the petitioners have challenged the validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (as amended) (hereinafter referred to as "impugned Rules of 2014"), in which, it has been stipulated that for appointment by direct recruitment to the basic category posts of Pharmacists, minimum educational qualification shall be Intermediate/10+2 (Science) and passing in all parts (Part-I, II & III) of Diploma in Pharmacy from the Institutions recognized by the Government and a certificate to that effect would be necessary, as being violative of and repugnant to the Pharmacy Practice Regulations, 2015 (hereinafter referred to as "Regulations of 2015") framed by the Pharmacy Council of India (hereinafter referred to as "PCI") under Sec. 10 of the Pharmacy Act, 1948, which, inter alia, provides that the basic qualification of Diploma in Pharmacy and Bachelor Degree in Pharmacy would be necessary for the profession of Pharmacists.

(3.) Rule 6(1) of the impugned Rules of 2014 have also been questioned on it being arbitrary and irrational.