DR. BISHNUDEO LAL DASS Vs. UNION OF INDIA
LAWS(JHAR)-2021-6-11
HIGH COURT OF JHARKHAND
Decided on June 17,2021

Dr. Bishnudeo Lal Dass Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding the visual/audio connectivity.
(2.) Heard parties.
(3.) The instant writ petition has been filed by way of public interest litigation seeking following directions :- "a. To direct the Pharmacy Council of India (hereinafter referred to as PCI), a statutory body constituted under Section - 3 of the Pharmacy Act, 1948 (hereinafter referred to as Act), to ensure the observance of the provisions of the Act as well as "Education Regulations for Diploma Course in Pharmacy" (in short Education Regulations), contained in (Annexure-2), made by it in exercise of power under Section - 10 of the Act in letter and spirit; AND b. To set aside the "Examination Authority" reconstituted vide Letter No.176(10) dated 25/07/2019 (Annexure-6) issued under the signature of Respondent No.5 for being absolute want of mandatory approval by the PCI as mandated by Section - 12(2) and Section - 15 of the Act as well as under Regulation - 18 of the "Education Regulations" (Annexure-2); AND c. To set aside the Office Order contained in Letter No.D.Pharm./31/2021 dated 08/02/2021 (Annexure8) issued by Respondent No.6 whereby and where under 2nd Part of Diploma-in-Pharmacy (hereinafter referred to as D.Pharm.) Practical Examination got conducted in violation of mandatory provisions contained in Section 12(2), Section - 15 & Section - 16 of the Act as well as Points - 2, 3 & 6 of Appendix - C relating to Regulation - 18 of the "Education Regulations" (Annexure-2); AND d. To set aside the 1st Part of D. Pharm. Practical Examination conducted on 01/03/2021 as per Office Order contained in Letter No. D.Pharm./78/2021 dated 20/02/2021 (Annexure-10) issued by Respondent No.6 in violation of mandatory provisions contained in Section 12(2), Section - 15 & Section - 16 of the Act as well as Points - 2, 3 & 6 of Appendix - C relating to Regulation - 18 of the "Education Regulations" (Annexure-2); AND e. To stay the operation of the Office Order, during the pendency of this Petition, contained in Letter No. D.Pharm./78/2021 dated 20/02/2021 (Annexure-10) issued by Respondent No.6 whereby and where under the remaining 1st Part Practical D.Pharm. Examination as well as the entire 1st Part & 2nd Part D. Pharm. Theory Examination is to be conducted in violation of mandatory provisions contained in Section 12(2), Section - 15 & Section - 16 of the Act as well as Points - 2, 3 & 6 of Appendix - C relating to Regulation - 18 of the "Education Regulations" (Annexure-2);" ;


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