M.Y. Eqbal, J. - (1.) Heard the parties.
(2.) The petitioner representing students' Union Pharmacy Institute Bariatu, Ranchi, has prayed for quashing the letter dated 9.2.2001 issued under the signature of respondent No. 3 Deputy Secretary, Department of Health, State of Jharkhand, requesting the State of Bihar not to conduct and hold examination of students of Government Pharmacy Institute, Bariatu, Ranchi on the ground that pharmacy Council is being constituted by the State of Jharkhand to hold and conduct the examination.
(3.) The students of the petitioner Union after completing two years course from the Government Pharmacy Institute became eligible to appear in the examination that was to be conducted by respondent No. 4, namely, Chairman Controller of Examination (Diploma in Pharmacy) Department of Health Medical Education and Family Welfare, Govt. of Bihar, Patna. The students have passed Part -I Examination which was conducted by respondent No. 4 Controller of examination, Patna but they are not being allowed to appear in the second Part examination which was to be held from 31.1.2001. This Court vide order dated 19.9.2001 permitted the petitioners to implead the Pharmacy Council of India as respondent No. 7. In the meantime, vide order dated 19.11.2001 the respondent No. 4, Controller of Examination (Diploma in Pharmacy) Patna, was directed to accept fees and forms of the students and to allow them to appear in the Pharmacy examination. Pursuant to that order, the petitioners have appeared in the examination.;