NAMO NARAYAN VAIDH Vs. PHARMACY COUNCIL FOR INDIA

JUDGEMENT

(1.) This appeal is directed against order dtd. 2/2/2023 by which the writ petition filed by the appellant-petitioner has been dismissed.

(2.) Brief facts giving rise to the controversy before us in this appeal are that the appellant herein applied for the course of D-Pharmacy claiming him to be eligible to undertake the course, having passed the subjects, as prescribed under the applicable Regulations. The appellant was given provisional admission by the Constituent College of the University of Maharaj Vinayak Global University. While the appellant was pursuing his course in D-Pharmacy, at the stage of examination he was not allowed to appear in the examination presumably for the reason that the College and the University were of the view that the appellant is not possessed of the minimum eligibility qualification as prescribed under the Pharmacy Council of India Education Regulations, 1991, later on, substituted by Pharmacy Council of India Education Regulations, 2020. Aggrieved by the action of the respondents, the appellant filed writ petition.

(3.) Learned Single Judge was of the view that the petitioner is not entitled to admission in the D-Pharmacy course as he passed 10+2 examination in the subjects of Chemistry, Biology and Agriculture which does not fulfill the requirement of the Regulations insofar as minimum qualification for admission for D-Pharmacy in Pharmacy Part-1A is concerned. Learned Single Judge further held that passing of the Physics Examination from the National Institute of Open School having not been prescribed under the Regulations of 1991, the aforesaid qualification does not make the appellant eligible for admission to D-Pharmacy course.