REGISTRAR CUM SECRETARY PHARMACY Vs. BABLU KUMAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent is preferred by the Pharmacy Council of India (hereinafter referred to as 'the Council'), the respondent against the judgment and order dated 24th August, 2010 passed by the learned Single Judge in above C.W.J.C. No. 5014 of 2010.

(2.) The matter at issue is whether the qualification of Senior Secondary School Course (10+2) from the National Institute of Open Schooling acquired by the writ petitioner is valid for the purpose of admission to a course in Pharmacy for registration as 'Pharmacist'. At the outset we may note that under the impugned order of the learned Single Judge, the petitioner was admitted to the degree course in Pharmacy. However, after attending a part of the course the petitioner has left the course. The Appeal has thus become infructuous. However, in view of the question of law that arises in the matter, learned Advocate Mr. S.D. Sanjay appearing for the Council has requested that the matter be decided on merits.

(3.) After completing a secondary school course from the National Institute of Open Schooling, the petitioner took the Bihar Combined Entrance Competitive Examination, 2009 as a Scheduled Caste candidate. In course of counselling the petitioner opted for admission to a degree course in Pharmacy in Government Pharmacy Institute, Guizarbagh, Patna (hereinafter referred to as 'the Institute'). His option was accepted. When the petitioner approached the Institute for admission to the Pharmacy course the Principal of the Institute refused admission on the ground that the secondary school certificate-obtained by the petitioner from National Institute of Open Schooling, New Delhi was not recognized by the Council for the purpose of admission to a course in Pharmacy and for registration as 'Pharmacist'. Feeling aggrieved, the petitioner approached this Court under Article 226 of the Constitution in CW.J.C. No. 5014 of 2010. The petitioner prayed for direction to the Institute to admit the petitioner to the degree course in Pharmacy pursuant to the recommendation made by the Bihar Combined Entrance Competitive Examination Board.