- (1.) From the facts of the present writ petition following facts emerge : Petitioner had approached this Court earlier by means of Civil Misc. Writ Petition No. 9893 of 1992 and before the writ Court the only prayer pressed was that a mandamus be issued directing the respondent authorities to register the name of the petitioner as Pharmacist in accordance with the provisions of Pharmacy Act, 1948. The Court disposed of the writ petition after recording a finding that the petitioner may make an application before the competent authority along with a certified copy of the order. The application for registration was in turn directed to be considered provided such an application had not already been decided and appropriate orders shall be passed in accordance with law.
(2.) The petitioner in compliance to the order of the High Court made an application dated 20.12.2010 before the Registrar, U.P. Pharmacy Council for registration of his name under Section 32-A (1994) Sanskaran-D. In the application dated 20.12.2010 it was stated that the application for registration was pending and for various reasons he had to approach the Hon'ble High Court by means of Civil Misc. Writ Petition No. 9893 of 1992 and that his application was pending since 20.10.1984. In support thereof reliance was placed upon the receipt no. 4896 dated 20.10.1984. It was then stated that the Senior Counsel for the petitioner had informed the High Court that his case is to be considered under Section 32-A and the petitioner satisfies the requirement thereof. It was further stated that the petitioner after training of Compounder in the year 1971-72 had worked in the Irrigation Department at its dispensary between 01.01.1973 to 31.12.1980. Since January, 1981 he has been employed by the U.P. Power Corporation and was posted as Compounder at the unit Anpara. It was then stated that the petitioner's name be registered in terms of Section 32-A (1994) Sanskaran-31-d. This application of the petitioner has been rejected under the order impugned by the Registrar after recording the following findings : XXX XXX XXX 30(2) After the education regulations have by or under section 11 taken effect in the state, a person shall on payment of prescribed fee be entitled to have his name entered on the register if he has attend the age of (eighteen years), if he resides, or caries on the business or profession of pharmacy, in the state and if he has passed and approved examination or possesses approved under section 14 (or is a registered pharmacist in another state). XXX XXX XXX"
(3.) Under the order impugned, it has been recorded that subsequent to the enforcement of education regulations w.e.f. 01.05.1960 under the Pharmacy Act, registration of only such persons who satisfy the requirements of Section 32(2) alone can be made. For ready reference Section 32(2) reads as follows : "32. Qualifications for subsequent registration - (1) ........... (2) After the Education Regulations have by or under Section 11 taken effect in the State, a person shall on payment of the prescribed fee be entitled to have his name entered on the register if he has attained the age of (eighteen year), if he resides, or carries on the business or profession of pharmacy, in the State and if he has passed an approved examination or possesses a qualification approved under Section 14 (or is registered pharmacist in another State.";