Mohit Kumar v. State of Punjab and Others

IN T

1. CWP-171

Harpreet Kaur State of Punjab

2. CWP-287

Satpal

State of Punjab

3. CWP-598

Mohit Kumar State of Punjab

CORAM : HO HO

Present: For

Mr

Ms

Mr

Mr

Mr

For

Mr THE HIGH COURT OF PUNJ AT CHANDIGA -.-

Re Da 13-2021(O&M)

VERSUS and Others

73-2021(O&M)

VERSUS and Others

88-2021(O&M)

VERSUS and Others

ON'BLE MR. JUSTICE SURE ON'BLE MRS. JUSTICE SUD r the Petitioners r. D.V.Sharma, Sr. Advocate with s. Sunder Kumari, Advocate for r. Tushar Sharma, Advocate (in C r. Nitish Jhanjhria, Advocate and r. B.S.Makar, Advocate (in CWP r the Respondents r. Maninder Singh, Sr. DAG, Pun

JAB AND HARYANA ARH served on :-19.11.2024 ate of Decision :- 19.12.2024

....Petitioner

....Respondents

....Petitioner

....Respondents

....Petitioner

....Respondents ESHWAR THAKUR EEPTI SHARMA h CWP-1713-2021) d P-5988-2021) njab.

Mr

Mr

Mr

Mr

Mr

Mr

for

Mr

for

Mr

Mr

for SUDEEPTI SH

1.

CW PRAYERS MA

i)

ii)

iii) r. Nitin Kaushal, Advocate and r. Ajit Singh, Advocate for respo r. Sunny R. Singla, Advocate and r. Sagar Garg, Advocate r. Parampreet S. Bajwa, Advocat r. Manjit Singh, Advocate respondent No.4 (in CWP-2873 r. Rakesh Sobti, Advocate respondent No.4 (in CWP-1713 r. Ashwani Talwar, Advocate r. Sahej Mahajan, Advocate respondent No.5. -.-

HARMA, J. WP-1713-2021 ADE IN THE PRESENT WRIT Issue a writ of mandamus d No.5 of Appendix 'B' of Welfare Technical (Group 'C Annexure P-19 to be arbit Pharmacy Act, 1948 and ha to be achieved. Issue a writ of mandamus d count 7 marks for the exper Hospital, Sector 16, Cha Pharmacist (Pharmacy Offic ) Issue any other appropriate Hon'ble Court may deem f case;

ndent No.3 – University. d te 3-2021) 3-2021) T PETITION ARE AS UNDER declaring condition No.IV of Se f the Punjab Health and Fam C') Service Rules, 2016 attached trary, unconstitutional, against as no nexus with the object sou directing the official respondents rience Government Multi Specia andigarh and appoint her as cer); writ, order or direction, which t fit under the circumstances of

R:- erial mily d as ught s to ality s a

BRIEF FACTS

The Board of Techn Session 2007-20 petitioner had un with Pharmacy the degree of ph the examination Pharmacy Cou Pharmacy Act, Keshav Security Sector 16, Chan was employed th in Government

30.04.2017. Sh Power Services was over 7 year

She During the cou verification form

Sin Chandigarh, sh experience. W University, Jala that objection ha S OF THE PRESENT CASE A e petitioner passed diploma in nical Education and Industrial 008 and 2008-2009. After pas ndergone three months training Council, Union Territory Chan harmacy from I.K.Gujral Punjab n held in November 2012. Aft uncil, U.T.Chandigarh on 30.0 1948. She was appointed as Pha y Services Private Limited in Go ndigarh on 11.03.2013 and rem hrough XEAM Private Venture L Multispecialty Hospital, Sector he was again engaged through on outsource basis on 01.05.20 s and 9 months. e applied in backward class ca unselling the petitioner was r m for recruitment as pharmacist. nce she was registered with Pha he was not given any mark f When she applied, she attached p andhar. Thereafter, she got the r as been raised against her candid

ARE AS UNDER:- Pharmacy from the Punjab St Training, Chandigarh during ssing the diploma in Pharmacy and thereafter got herself registe digarh on 30.07.2010. She pas b Technical University, Jalandha er that got herself registered w

07.2010 under Section 32(2) armacist on outsource basis throu overnment Multispecialty Hospi mained there upto 11.12.2013. S Limited as a Pharmacist for serv 16, Chandigarh from 01.01.2014 Secure Guard Security and M

¶017As per record her experie ategory and was on merit No. required to fill in the docume

armacy Council of Union Territ for about 7 years and 9 mon provisional degree from Techni regular degree. She came to kn dature that she is not registered w

tate ered ssed r in with of ugh ital, She ving 4 to Mind nce .10. ents tory nths ical now

Punjab State Ph Punjab State Ph

28.10.2020 was Council U.T.Ch Council, Mohali

The Thereafter on 3 petitioner was s she was not reg of Sr.No.5 of A (Group 'C') Ser

2. CWP-287 PRAYERS MA

i) Issu (P-Pun Rul Pha pos not (P-qua to b gro harmacy Council. She applied fo harmacy Council, Mohali and NO s issued. After that she surrende handigarh and got herself regist i on 29.10.2020. e result of written examinatio

30.12.2020 final selection list w spotted in the selection list. Sh istered with Punjab State Pharm Appendix 'B' of the Punjab Hea rvice Rules, 2016. 73-2021 ADE IN THE PRESENT WRIT ue a writ of certiorari, quashing 16), condition No. (iv) of Ser njab Health and Family Welfa les, 2016, requiring the can armacist with the Punjab Counc 48 and the condition No.(iv) und st of Pharmacist in the advertisem t only arbitrary, unconstitutiona 8) and has no nexus with the ashing the action of official resp be ineligible for the post of Pha ound that the petitioner is not

for transfer of the registration to OC for transfer of registration da red her registration with Pharm tered with Punjab State Pharm n was published on the webs was published. The name of he was debarred on the ground t macy Council in view, Condition alth and Family Welfare Techni T PETITION ARE AS UNDER g the notification dated 02.11.20 rial No.5 of Appendix 'B' of are Technical (Group 'C') Serv ndidate should be registered cil set up under the Pharmacy A der the Heading qualification for ment dated 04.08.2020 (P-10) be al, against the Pharmacy Act, 19 object sought to be achieved a pondents in declaring the petitio armacist (Pharmacy Officer) on registered with the Punjab St

ated acy macy site. that n IV ical R:- vice as Act, eing and oner

Pha Raj suc by reg

ii) It i resp him (P-app oth

iii) It i and pet app

iv) It i rese pet

v) It i any pro BRIEF FACTS

The petit University of He with the Rajasth armacy Council, but registered jasthan as per Section 31 & 32 ch his name has been maintained the Central Council containing gister for a State under Section 15 is further prayed that a writ of pondents to consider the petitio m on the post of Pharmacist again 10), as the persons lower in me pointed and petitioner should be her similarly situated persons hav is further prayed that this Hon'b d appointment of respondent No titioner, but has been appoint pointment to the petitioner. s further prayed that the respon erved for the petitioner during tition. is further prayed that this Hon'b y other writ, order or direction a oper in the facts and circumstanc S OF THE PRESENT CASE A tioner passed degree of Bache ealth Sciences, Jaipur in 2010. T han Pharmacy Council, Jaipur o

d with the Pharmacy Council of the Pharmacy Act, 1948 and d in the Central Register maintain g the names of all persons in 5-A of the Pharmacy Act, 1948. Mandamus be issued directing oner eligible and select and appo nst advertisement dated 04.08.20 erit to him have been selected a given all the benefits from the d ve been appointed. ble Court may quash the select o.4 who is lower in merit than ted if it is necessary for giv ndents be directed to keep one p the pendency of the present w ble Court may be pleased to is as this Hon'ble Court deem fit a es of the present writ petition. ARE AS UNDER :- elor of Pharmacy from Rajasth Thereafter he got himself registe on 27.10.2010 as per Section 32

of d as ned oint and date tion ving post writ ssue and

han ered 2(2)

of the Pharmac Institutions from to 04.01.2018 a applied for the October 2020 o amongst Genera required to fill i Since he was re accorded any m candidature that applied for tran

23.10.2020. In No.4 of Basic a should be regist Pharmacy Act, 1

3. CWP-598 PRAYERS MA

i) Tha qua disc qua imp intr resp Sta cy Act, 1948. He worked a m 05.1.2011 to 13.05.2014, 03.0 and January 2018 to 31.03.202 post of Pharmacist. The resu on the website. The petitioner al Category. He was called for c in the document-verification for egistered with Pharmacy Counc mark for his experience. The or t he is not registered with Pun sfer of registration for Punjab S n the final selection his name w and Professional Qualification in tered as Pharmacist with Punjab 1948". 88-2021 ADE IN THE PRESENT WRIT at this Hon'ble Court may be pl ashing the impugned advertis criminates candidates on the alification under the heading pugned advertisement, as such roduced prior to this recruitmen pondents to provide immunity t ate against rest of the eligible can

as Lecturer/Pharmacist in vari

01.2017 to 12.07.2017, 12.07.20

¶20The petitioner being eligi ult was declared in the month obtained 53 marks and was 5 counselling on 23.10.2020. He w rm for recruitment as a Pharmac cil of Rajasthan, Jaipur, he was ral objection was raised against njab State Pharmacy Council. State Pharmacy Council, Mohali was not there because of condit n the advertisement that "candid Pharmacy Council set up under T PETITION ARE AS UNDER leased to issue writ of certiorari sement dated 04.08.2020, wh basis of inter-state educatio of qualification in clause (iv) this kind of condition was ne nt process and is only opted out to registered Pharmacist of Pun ndidates from all over India. He

ous ible h of 57th was cist. not his He i on tion date R:- for hich onal ) of ever t by njab

and of t

ii) Tha qua on disc opp 16, imp ach

iii) Tha dire and dat hav app

iv) It i rese

v) It i oth pro impugned condition is ultra-vir d is in the violation of fundame the article 14, 15, 16, 19 (1) (g) a at this Hon'ble Court be please ashing the impugned order dat .2 for illegally and arbitrarily rej the basis of clause (iv) criminatory/unconstitutional to portunity, thus infringe/contrave , 19 (1) (g) and 21 of Const pugned condition has no nexu hieved and it is against the classi at this Hon'ble Court be pleased ecting respondent No.2 to forthw petitioner for the post of Pharm d appoint him on the said post o ted 04.08.2020, as the persons lo ve been selected and appointed benefits from the date other si pointed. s further prayed that the respon erved for the petitioner during th is further prayed that this Hon' her writ, order or direction as oper in facts and circumstances o

rus, discriminatory, unconstitutio ental rights guaranteed under ten and 21 of Constitution of India. ed to issue a writ of certiorari ted 25.01.2021 of the respond jecting the candidature of petitio of impugned order, which the principle of equality and eq ene the provisions of Article 14, titution of India and as such us with the object sought to fication on intelligible differenti d to issue a Writ of Mandamus with consider the representation macist (Pharmacy Officer) and sel of Pharmacist against advertisem ower in the merit to him have b and petitioner should be given milarly situated persons have b ndents be directed to keep one p he pendency of this writ petition. 'ble Court be pleased to issue a this Hon'ble Court deem fit a of present writ petition.

onal nets for dent oner is qual 15, be a. for n of lect ment een n all een post . any

BRIEF FACTS

Bei and secured 47 called for coun verification form Council on 02.1 condition No.4 "candidate shou up under the Pha

SUBMISSIONS

4.

Lea condition (iv) u Welfare Techni 1948 inasmuch They further co person has to b contend that Ru to the Act and under the Act.

5.

Per impugned condi and Family We with Pharmacy A S OF THE PRESENT CASE A ing eligible the petitioner applie marks and was ranked at Sr. No nselling on 22.10.2020 and was m for recruitment as a Pharmaci

11.2020. His name was not the of Basic and Professional Qua uld be registered as Pharmacist armacy Act, 1948". S OF LEARNED COUNSEL F arned counsel for the petition under Sr. No.5 of Appendix 'B' cal (Group 'C') Service Rules, as registration with Pharmacy ontend that requirement under th be registered with Pharmacy C ule of Registration in a particula arbitrary restrictions have been r contra learned counsel for the ition in Clause IV under Sr. No lfare Technical (Group 'C') Ser Act, 1948.

ARE AS UNDER :- ed under Backward Class categ o.253 in the open category. He w s required to fill in the docume ist with the Punjab State Pharm ere in the selection list because lification in the advertisement t with Punjab Pharmacy Council FOR THE PARTIES ner(s) contend that the impugn ' of the Punjab Health and Fam 2016 is contrary to Pharmacy A y Council is one of the conditi he Pharmacy Act, 1948 is that Council of the State. Thus, th ar State for employment is contr n imposed which are not cove respondent-State contends that o.5 of Appendix 'B' Punjab Hea rvice Rules, 2016 is in consona

gory was ent-macy e of that set ned mily Act, ion. hey rary ered alth

6.

Lea are working sinc

7.

We record of these c

8.

Sin vide this commo above.

9.

The

"wh

arb

10.

We

11.

The are that the Stat posts of Pharma

12.

The are reproduced a

i)

ii)

iii) arned counsel for respondent No ce the year 2020 i.e. for the last f e have heard learned counsel for cases. nce the similar issue is involved on judgement, we shall dispose e question of law involved in the hether impugned condition is ag bitrary?" e answer the question in negative e brief facts, given rise to the c te of Punjab issued an advertise acists/Pharmacy Officers and the e Basic and Professional quali as under:- Should have passed Senior S Science or its equivalent f Institution. Should possess a degree o recognized University or inst Should have passed the thre Institution approved by the under the Pharmacy Act, 194

os. 4 and 5 contend that responde four years. r the parties and perused the wh d in all the writ petitions, therefo of all the writ petitions mention e present writ petitions is:- gainst the Pharmacy Act, 1948 a e. controversy in all the writ petiti ement for direct recruitment of 4 e last date to apply was 31.08.202 ifications as per the advertisem Secondary Part-II Examination w from a recognized University of Bachelor of Pharmacy from titution. ee months practical training in pharmacy Council of India set 48; and

ents hole ore, ned and ons

¶20ment with or m a an

iv)

13.

The under:-

i)

ii)

Age Should be registered as Pharmacy Council set up un e Criteria of recruitment as per Written examination (By B Sciences, Faridkot) : 90 mar Experience (1 year – 1 ma given to those candidates w of Health on Regular, Con programme) : 10 marks e:-

¶1Age limit: Between 18 and

¶2Relaxation in upper age fo i. SC/ BC, candidates is 5 yea ii. Physically Handicapped is iii. Candidates for Ex-Servic will be as follows: "For recr Civil Services whether reserv Servicemen shall be allowe service in the Armed Forces age and if the resultant age limit prescribed for direct ap concerned service rules, by deemed to satisfy the conditio

Pharmacist with the Punj nder the Pharmacy Act, 1948 the advertisement is reproduced Baba Farid University of Hea rks ark) (Marks of Experience will who are working in the Departm ntract or Outsource basis in a d 37 years as on 1st Jan., 2020. or various categories is as below ars s 10 years cemen Category, the age relaxat ruitment to any vacancy in the St ved or not under these rules an E ed to deduct the period of his/ s of the Union from his/her act does not exceed the maximum a appointment to such vacancy in more than 3 years, he/she shall on regarding age limit"

njab d as alth l be ment any w: tion tate Ex- /her tual age

14.

Cer Relevant portion "2. pos Ma elec lan tim b) P any per Lan iv. Upper age limit may be Govt. and its Board/ Corpor employees, all States/ Centra v. Upper age will be relaxe candidates who are working Family Welfare Punjab institutions on Contractual b 5(1) proviso 2 of Punjab Civ Conditions) Service Rules 19 in academic qualification. vi. Upper age limit is also re Divorcees and certain other rtain terms and conditions w n of the same is reproduced as un a) Knowledge of Punjabi:- No st in any service by direct ap atriculation examination with Pu ctive subject or any other eq nguage, which may be specified me. Provided further that where edu y service are lower than the rson so appointed shall have to nguage equivalent to Middle stan

relaxed up to 45 years for Punj ration/ Commission and Authori al Government employees. ed upto the age of 45 years for g in the department of Health a in various wings/ programm basis/ Outsource basis as per R vil Services (General and Comm 994 but there will be по relaxat elaxable up to 42 years for Wido Categories of Women. were prescribed in advertiseme nder:- o person shall be appointed to a ppointment unless he has pas unjabi as one of the compulsory quivalent examination in Punj d by the Government from time cational qualifications for a pos Matriculation standard, then o pass an examination of Punj ndard.

njab ties and mes/ Rule mon tion ows, ent. any ssed y or jabi e to st in

c) P def suff app Go afo d) who app Lan qua Edu

¶3Go adv

¶4T ins for Sec

¶5can ent res Provided further where a War H fence service or paramilitary ffered by him or his widow or d pointed under the instruction vernment, the person so appoin oresaid knowledge of Punjabi La Provided further that where a o is bonafide resident of Punj pointment, he/she shall have to nguage equivalent to Matricula alify a test conducted by the La ucation of Punjab Government e date of his appointment. Reservation will be as pe vernment Policy Guidelines. vertisement for reserved category The SC/ BC category certificate tructions of the Department of the Ex-Serviceman, Freedom ction and Sports persons catego e instructions of the concerned D Candidates should select the ndidates belonging to categories titled to fee concession/ exem ervation. The Category once s

Hero, who has been discharged fr forces on account of disabi dependent member of his family ns issued in this behalf by nted will not be required to poss nguage. ward of defence service person njab State, is appointed by dir o pass an examination of Punj ation standard or he shall have anguage Wing of the departmen with in a period of two years fr er applicable rules and Punj Number of posts given in ry is provisional. e should be in accordance with Welfare Punjab and the certific m Fighters, Economically Wea ories should be in accordance w Department. eir categories carefully, beca s other than General Category mption, age relaxation and j selected/filled will not be chang

rom ility y, is sess nal, rect jabi e to t of rom njab cate aker with ause are job

und by cat x

¶8filli x

¶12can can law

¶13can Pol pen to t x

¶16ins wil x

¶18for crit der any circumstances. Candida the Competent Authority in sup tegory.

x

x The qualification of candidates ling the applications.

x

x Department has not any mech ndidates who are applying onlin ndidate is found fictitious / bogu e candidate will be cancelled and w. Mere qualifying the written ndidates eligible for appointme lice Verification certificate, cle nding against him/her in the cou the satisfaction of department.

x

x The certificates/diplomas/ de titutions will not be considered ll be declared ineligible.

x

x Merely appearing in the written the right to selection unless th teria and other terms and

ates shall submit certificates issu pport of their claim to a particu x

x

x s should be prior to the last date x

x

x hanism to check the certificates ne. If, at any stage certificate of us or ineligible, the candidature d action will be taken according examination would not make ent until and unless they prod earance of criminal charges if a urt of law and other Police acti x

x

x egrees issued by non-recogni and the candidature of candida x

x

x n test will not entitle the candida hey fulfil the prescribed eligibi conditions of the advertiseme

ued ular e of s of f the e of g to duce any ons ized ates ates ility

Sel exp

15.

The registered with was to apply for that the applica Council set up u registration to P registration was with Pharmacy Punjab State Ph

16.

The himself register per Section 32(2 referred to post registered as P Pharmacy Act, State Pharmacy

17.

The registered with apply for the ab applicant should up under the Ph to Punjab State Punjab State Ph lection will be on the inter-seme perience subject to the reservatio e undisputed fact is that the pet Pharmacy Council of Union Te r the above referred to post in Pu ant should be registered as Phar under the Pharmacy Act, 1948, th Punjab State Pharmacy Council s issued on 28.10.2020. After th Council of U.T.Chandigarh an armacy Council, Mohali on 29.1 e undisputed fact in CWP-287 red with Rajasthan Pharmacy C 2) of Pharmacy Act, 1948 and s in Punjab and one of the conditi harmacist with the Punjab Pha 1948, therefore, he applied for Council, Mohali on 23.10.2020. e undisputed fact in CWP-598 Rajasthan Pharmacy Council o ove referred to post in Punjab an d be registered as Pharmacist in harmacy Act, 1948, therefore, he Pharmacy Council, Mohali and armacy Council on 02.11.2020.

erit of the written test and marks on prescribed by the Governmen titioner in CWP-1713 of 2021 w erritory, Chandigarh and since unjab and one of the condition w rmacist with the Punjab Pharm herefore, she applied for transfer l, Mohali and NOC for transfer hat she surrendered her registrat nd got herself registered with

10.2020. 73-2021 is that the petitioner Council of Jaipur on 27.10.2010 since he was to apply for the abo ion was that the applicant should armacy Council set up under r transfer of registration to Pun . 88-2021 is that the petitioner w on 05.09.2018 and since he was nd one of the condition was that n the Punjab Pharmacy Council e applied for transfer of registrat was got himself registered with

s of t. was she was macy r of r of tion got 0 as ove d be njab was s to set

18.

A p with different S Pharmacy Offic condition was th Pharmacy Coun petitioners in t Pharmacist with date.

19.

Bef statement of obj "IN pha Per or p pro Go med edu of p nec pra was Sel wer perusal of the above shows that States as Pharmacists. But since cer/Pharmacist in the State of hat the applicant should be regist ncil set up under the Pharma the above-numbered writ petiti h the Punjab State Pharmacy Co fore proceeding further it is requ jects and reasons in the enactmen NTRODUCTION In India there was no restri armacy. One could practise this rsons, having no knowledge and pharmaceutical chemistry or ph ofession. Hundreds of cases w vernment wherein the compou dicines was being done by p ucated in this line. The system wa people by wrong compounding, cessary to enact a law for the actice of pharmacy. To achieve s introduced in the Legislature lect Committee. The recommend re incorporated in the Bill.

t all the petitioners were registe e they were to apply for the post f Punjab and one of the essen tered as Pharmacist with the Pun acy Act, 1948, therefore, all ions got themselves registered ouncil, Mohali, but after the cut-uired to give introduction as wel nt of Pharmacy Act, 1948. iction to practise the profession profession as any other professi d having no education in pharm harmacology, were engaged in were brought to the notice of unding, mixing, or dispensing persons who were not adequat as causing great harm to the hea mixing or dispensing. It was fou e regulation of the profession a this goal the Pharmacy Bill, 19 e which was later referred to dations of the Selection Commit

ered t of ntial njab d as -off l as n of ion. acy this g of tely alth und and

STA who sho acc wh app Pro ma fur disp oth reg

20.

A p for the regulati provisions of the "2. x

(f)

(i) not Act TATEMENT OF OBJECTS AND It is desirable that, as in m o have attained a minimum st ould be permitted to practise t cordingly proposed to establish ich will prescribe the minim prove courses of study and ex ovincial Pharmacy Councils, w intenance of provincial registe ther proposed to empower Prov pensing of medicine on the pres herwise than by, or under the dir gistered pharmacist." perusal of the above shows that ion of the profession and pra e Pharmacy Act, 1948 are reprod Interpretation.-In this Act, unl e subject or context:-

x

"medical practitioner" means a holding a qualification grant tified under section 3 of the India 16), or specified in the Schedu t. 1956 (102 of 1956); or

D REASONS most other countries, only pers tandard of professional educat the Profession of Pharmacy. I h a Central Council of Pharma mum standards of education a xaminations for Pharmacists, a which will be responsible for ers of qualified pharmacists. It vincial Governments to prohibit scription of a medical practitio rect and personal supervision of t Pharmacy Act, 1948 was enac actice of pharmacy. The relev duced as under:- less there is anything repugnan x

x person --- ted by an authority specified an Medical Degrees Act, 1916 (7 les to the Indian Medical Coun

ons tion It is acy, and and It is oner of, a cted vant t in or 7 of

(ii) Sta scie

(iii) fall or per pur

(iv) a S

(v) pos x

(h) ma

(i) tim tim pha

(j) und con x

¶10sec registered or eligible for regis ate meant for the registration entific system of medicine; or ) registered in a medical regis ling within sub-clause (i) or sub-special order made by the Sta rson practicing the modern sci rposes of this Act; or ) registered or eligible for regist State under the Dentists Act, 1948 who is engaged in the practis ssesses qualifications approved b

x

"register" means a registe intained under Chapter IV; "registered pharmacist" means me being entered in the register me being residing or carrying armacy; "State Council" means a State der section 19, and includes a nstituted in accordance with an a

x

Education Regulations.-(l) S ction, the Central Council may

stration in a medical register o of persons practicing the mod ster of a State, who, although -clause (ii) is declared by a gene te Government in this behalf a ientific system of medicine for tration in the register of dentists 8 (16 of 1948); or se of veterinary medicine and w by the State Government; x

x er of pharmacists prepared a s a person whose name is for of the State in which he is for on his profession or business e Council of Pharmacy constitu Joint State Council of Pharm agreement under section 20. x

x Subject to the provisions of t y, subject to the approval of

of a dern not eral as a for who and s of uted acy

Cen Reg for

(2) fore

(3) sub Cou bef und Sta

(4) Gaz

(5) Cen ntral Government, make regula gulations, prescribing the minim qualification as a pharmacist. In particular and without pr egoing power, the Education Reg

(a) the nature and period of be undertaken before admiss

(b) the equipment and faci undergoing approved course

(c) the subjects of examinati attained;

(d) any other conditions of ad Copies of the draft of the E bsequent amendments thereof s uncil to all State Governments fore submitting the Education ereof, as the case may be, to the der subsection (1) take into co ate Government received within t e copies as aforesaid. The Education Regulations s zette and in such other manner a The Executive Committee sha ntral Council on the efficacy of t

ations, to be called the Educat mum standard of education requi rejudice to the generality of egulations may prescribe f study and of practical training sion to an examination; ilities to be provided for stude es of study; ion and the standards therein to dmission to examinations. Education Regulations and of shall be furnished by the Cent s, .and the Central Council sh Regulations or any amendm e Central Government for appro onsideration the comments of a three months from the furnishing shall be published in the Offic as the Central Council may direc ll from time to time report to the Education Regulations and m

tion ired g to ents o be all tral hall ment oval any g of cial ct

rec thin

A p empowered to m education requi prescribe:-

(i)

(ii)

(iii)

(iv)

¶11afte con not Reg Pro Edu thre Ch Cou Sec Cou commend to the Central Council nk fit. perusal of the above shows that make Education Regulations pre ired for qualification as a ph The nature and period of st undertaken before admission

The equipment and facilit undergoing approved courses ) The subjects of examinati attained. ) Any other condition of admis Application of Education Re er the constitution of the State C nsultation with the State Counc tification in the Official Gaze gulations shall take effect in the ovided that where no such d ucation Regulations shall take e ee years from the date of the con apter III of Pharmacy Act, uncils. ction 19 reads about Constit uncils.

such amendments thereof as it m t the Pharmacy Council of India escribing the minimum standard harmacist. Education Regulati tudy and a practical training to n to an examination. ties to be provided for stude s of study. ion and standards therein to ssion to examinations. egulations to States.- At any t Council under Chapter III and af cil, the State Government may, ette, declare that the Educat State: declaration has been made, effect in the State on the expiry nstitution of the State Council. 1948 deals with State Pharm tution and composition of St

may a is d of ons o be ents be ime fter by tion y of macy

Ch Pha und

¶29afte sha reg

(2) ass pro

(3)

(a)

(b)

(c)

(d) nam pre

¶30firs Gaz and Reg

(2) app apter IV of Pharmacy Act, 1 armacist. Sections 29 to 32 o der:- Preparation and maintenance er this chapter has taken effect all cause to be prepared in th gister of pharmacists for the State The State Council shall as soo sume the duty of maintaining th ovisions of this Act. The register shall include the fo the full name and residential ad the date of his first admission to his qualifications for registratio his professional address, and if me of such person; (e) such escribed. Preparation of first register.-(I st register, the State Government zette constitute a Registration T d shall also appoint a Registrar gistration Tribunal. The State Government shall, b point a date on or before which a

1948 states about Registration of this Chapter are reproduced e of register.-(l) As soon as may in any State, the State Governm he manner hereinafter provided e. on as possible after it is constitu he register in accordance with ollowing particulars, namely: ddress of the registered person; o the register; on; f he is employed by any person, h further particulars as may I) For the purpose of preparing t shall by notification in the Offic Tribunal consisting of three perso r who shall act as Secretary of by the same or a like notificati applications for registration, wh

n of d as y be ment d a uted be cial ons, f the ion,

sha Reg

(3) rec app

(4) ma agg imp dat Go

(5) dec a c

(6) giv any reg

¶31atta pre res Sta all be accompanied by the pre gistration Tribunal. The Registration Tribunal ceived on or before the appointe plicant is qualified for registrat e entry of the name of the applica The first register so prepared sh nner as the State Governme grieved by a decision of the R plied in the register as so publish te of such publication, appeal to vernment in this behalf by notific The Registrar shall amend th cisions of the authority appointe ereupon issue to every person wh ertificate of registration in the p Upon the constitution of the S ven into its custody, and the State y specified part of the applicati gister shall be paid to the credit o Qualifications for entry on fir ained the age of eighteen years s escribed fee to have his name ides. or carries on the business ate and if he

escribed fee, shall be made to shall examine every applicat d date, and if it is satisfied that tion under section 31, shall dir ant on the register. hall thereafter be published in s ent may direct, and any per Registration Tribunal expressed hed may, within sixty days from an authority appointed by the St cation in the Official Gazette. he register in accordance with ed under sub-section (4) and sh hose name is entered in the regis prescribed form. State Council, the register shall e Government may direct that al ion fees for registration in the f of the State Council. rst register.- (1) A person who shall be entitled] on payment of entered in the first register if s or profession of pharmacy, in

tion rect uch rson d or tate hall ster l be ll or first has f the

(a) che or qua

(b) pha com wh pra

(c) Go

(d) disp pre tha sec

¶32app Edu Sta pay pha

(a) Cen holds a degree or diploma emistry or a chemist and druggi a State Government as the alification granted by an authori holds a degree of an Indian armacy or pharmaceutical chem mpounding of drugs in a hospit ich drugs are regularly dispe actitioners for a total period of n has passed an examination rec vernment for commoners or disp has been engaged in the comp pensary or other place in which escriptions of medical practition an five years prior to the date ction 30. Qualifications for subsequen pointed under sub-section (2) ucation Regulations have, by or ate, a person who has attained yment of the prescribed fee] be e e register if he resides or carrie armacy in the State and if he— satisfies the conditions prescri ntral Council, or where no con

in pharmacy or pharmaceuti ist diploma of an Indian Univer case may be or a prescrib ity outside India, or University other than a degree mistry and has been engaged in t tal or dispensary or other place nsed on prescriptions of medi ot less than three years, or cognized as adequate by the St pensers, or pounding of drugs in a hospital h drugs are regularly dispensed ners for a total period of not l e notified under subsection (2) nt registration.-(l) After the d ) of section 30 and before under section II, taken effect in the age of eighteen years shall entitled to have his name entered es on the business or profession ibed with the prior approval of nditions have been prescribed,

ical rsity bed e in the. e in ical tate l or d on less ) of date l on d in n of

con reg

(b)

(c) Pro

(c) ma equ

(2) effe ent age pro exa '[or 32A

(l) may

(a) bus live sat

(b) bus who nditions entitling a person to h gister as set out in section 31, or is a registered pharmacist in an possesses a qualification approv ovided that no person shall be e to have his name entered on th triculation examination or an uivalent to a matriculation exam After the Education Regulations ect in the State, a person shall o titled to have his name entered o e of [eighteen years], if he resi ofession of pharmacy, in the Stat amination or possesses a qualif r is a registered pharmacist in an A. Special provisions for, "r Notwithstanding anything conta y also permit to be entered on th the names of displaced person siness or profession of pharm elihood from a date prior to the isfy the conditions for registratio the names of citizens of India siness or profession of pharmacy o satisfy the conditions for regis

have his name entered on the f

nother State, or ved under section 14: entitled '[under clause (a) or cla he register unless he has passe examination prescribed as be ination. s have by or under section 11 ta on payment of the prescribed fee on the register if he has attained ides, or carries on the business te and if he has passed an appro fication approved under section nother State. registration of certain person ained in section 32, a State Coun he register-ns who have been carrying on macy as their principal means e 4th day of March. 1948, and w on as set out in section 31: a who have been carrying on cy in any country outside India a tration as set out in section 31:

first ause ed a eing ken e be s or ved ns.- ncil s of who

(c) sub con

(d) pha

(e) reg Nov or c par hav hav pre app app the names of persons who bsequently become a territory nditions for registration as set ou the names of persons Who carr armacy in the State. And

(i) would have satisfied the c in section 31, on the date a section 30, had they applied date; or

(ii) have been engaged in hospital or dispensary or regularly dispensed on presc defined in sub-clause (iii) of period of not less then five under subsection (2) of sectio the names of persons who we gister for a State as it existed vember, 1956, but who, by reaso carried on their business or prof rt of a State as formed on that d ving in the register for the latte ving passed either a matriculati escribed as being equivalent to proved examination or of the proved under section 14:

resided in an area which y of India and who satisfy ut in section 31: ry on the business or profession conditions for registration as set appointed under sub-section (2) d for registration on or before t the compounding of drugs in other place in which drugs criptions of medical practitioners f clause (f) of section 2 for a to years prior to the date appoin on 30; ere qualified to be entered in immediately before the 1st day on of the area in which they resid fession of pharmacy having beco date, are not qualified to be ente er State only by reason of their ion examination or an examinat a matriculation examination or ir not possessing a qualificat

has n of out ) of that n a are s as otal nted y of ded ome ered not tion r an

(f)

(i) imm

(ii) Sta pro

(g) pro afte of 1 sec

(2) pur to t

(3) per (Am Pro Off

(b) not not the names of persons who were included in the r mediately before the 1st day of N who, by reason of the area in eir business or profession of ph ate as formed on that date, res ofession in the latter State; the names of persons who res ofession of pharmacy in an area er the commencement of the Pha 1959), and who satisfy the cond ction 31. Any person who desires his na rsuance of sub-section (I) shall the State Council, and such app e prescribed fee. The provisions of this section riod of two years from the mendment) Act, 1959 (24 of 1959 ovided that the State Governm ficial Gazette, extend the period or clause (c) of sub-section (I) t exceeding two years in the agg tification.

register for a State as it exis November, 1956; and n which they resided or carried harmacy having become part o side or carry on such business side or carry on their business a in which this Chapter takes eff armacy (Amendment) Act, 1959 ditions for registration as set ou ame to be entered in the register make an application in that beh plication shall be accompanied n shall remain in operation fo commencement of the Pharm 9). ment may, by notification in d of operation of clause (a), cla by such further period or perio gregate, as may be specified in

sted d on of a s or s or ffect (24 t in r in half d by or a acy ause ods,

32B rep con be

(a) cla reg whe

(b) 31s und ma

(c) on live tha reg

(2) rem of t

21.

A p Act, 1948, every

22.

A c of Pharmacy A 'registered phar B. Special provisions for reg patriates and other person ntained in section 32 or section 3 entered on the register the names of persons who pos use (a) or clause (c) of sectio gistration between the closing o en the Education Regulations ca the names of persons approved st December, 1969 for compou der the Drugs and Cosmetics Ac de there under; the names of displaced persons business or profession of phar elihood in any country outside I an five years from a date prio gistration. The provisions of clauses (a) main in operation for a period of the Pharmacy (Amendment) Act, perusal of the above shows that y State is to maintain the register conjoint reading of the object an Act, 1948 and Pharmacy Act rmacist' is defined, shows that

egistration of displaced perso s.-(I) Notwithstanding anyth 32A, a State Council may permi ssess the qualifications specified on 31 and who were eligible of the First Register and the d ame into effect. d as "qualified persons" before unding or dispensing of medici ct, 1940 (23 of 1940) and the ru s or repatriates who were carry rmacy as their principal means India for a total period of not l or to the date of application ) and (b) of sub-section (1) sh f two years from the commencem 1976.] as per Section 29 of the Pharm r of Pharmacist for the State. nd reasoning behind the enactm t, 1948, wherein in Section 2 t a person gets the registration

ons, hing it to d in for date ines ules ying s of less for hall ment macy ment 2(i)

Pharmacist in th profession or bu the Pharmacy A requirement of A registered with t

23.

Thi referred to abov

(i) und or s (10

(ii) Sta scie

(iii) fall or per pur

(iv) a S

(v) pos

Me the profession o he State in which he is for the t usiness of pharmacy. And that R Act, 1948 which is applicable to a Act, a person can practice in his the Pharmacy Council of that par is is made more clear from th ve of Medical Practitioner which holding a qualification granted b der section 3 of the Indian Medi specified in the Schedules to the 02 of 1956); or registered or eligible for regis ate meant for the registration entific system of medicine; or ) registered in a medical regis ling within sub-clause (i) or sub special order made by the Stat rson practicing the modern scie rposes of this Act; or ) registered or eligible for regist tate under the Dentists Act, 1948 who is engaged in the practis ssesses qualifications approved b eaning thereby only registered ph of pharmacy as per the Pharmacy

time being residing or carrying Registration is as per Section 29 all the States. Therefore, as per or her State only when he or sh rticular State. he definition under Section 2(f) means a person :- by an authority specified or notif ical Degrees Act, 1916 (7 of 191 e Indian Medical Council Act. 19 stration in a medical register o of persons practicing the mod ster of a State, who, although -clause (ii) is declared by a gene te Government in this behalf a entific system of medicine for tration in the register of dentists 8 (16 of 1948); or e of veterinary medicine and w by the State Government harmacists are permitted to pract y Act, 1948.

his 9 of he is ) as fied 16), of a dern not eral as a for who

NOW COMIN TECHNICAL,

24.

Un (Group 'C') S experience is pr Health and Fam made in the ma reproduced as un Sr. No.

(1) D

5. P

NG TO PUNJAB HEALTH (GROUP 'C') SERVICE nder Rule 6 of the Punjab Heal ervice Rules, 2016 method o rovided. The appointment to the mily Welfare Technical (Group anner as specified in Appendix nder:- Designation

(2) Percentage for appointment by Direct Promotion Appointment

(3) (4) Pharmacist Hundred per cent

H AND FAMILY WELFA lth and Family Welfare Techni of appointment, qualification e service under Rule 6 of the Pun 'C') Service Rules, 2016 shall 'B'. Sr. No.5 of Appendix 'B r n Method of appointment, qualifications and experience for appointment by Direct appointment Promotion

(5) (6)

(i) Should have passed Senior Secondary Part-II Examination with Science or its equivalent from a recognized university or institution;

(ii) Should possess a degree of Bachelor of Pharmacy from a recognized university or institution;

(iii) Should have passed the three months practical training in an institution approved by the Pharmacy Council of India set up under the Pharmacy Act, 1948; and

(iv) Should be registered as Pharmacist with Punjab Pharmacy Council set up under the Pharmacy Act, 1948.

ARE ical and njab l be ' is

d I r

r

f d d l

y r d e t

25.

A recruitment to t pharmacist with 1948, which is t

26.

A p it was enacted ensuring that professional edu

27.

Aft prescribes the m and examinatio pharmacists.

28.

Dif of the Pharmacy Act, which dea preparation and

29.

Eve education as pe registered in th carrying on his p

30.

Sin registered in the profession or b Appendix 'B' i Rules 2016, for perusal of the above shows the post of pharmacist is that a h the Punjab Pharmacy Counci the requirement of Pharmacy Act perusal of the Pharmacy Act, 19 to secure the system to practic only persons who have atta ucation should be permitted to pr ter the establishment of Cent minimum standard of education on of Pharmacist, a register w fferent State Pharmacy Councils y Act, 1948. This is the reason w als with registration of Pharmac maintenance of register. ery person who has attained the er the requirement of Pharmacy e register of State in which he profession or business of pharma nce, it is prescribed under the P e register of the State in which business of pharmacy, therefo in the Punjab Health and Fami r appointment, qualification and

that one of the qualification a person should be registered a il set up under the Pharmacy A t, 1948. 948 as reproduced above shows t ce the profession of pharmacy ained the minimum standard ractice the profession of pharmac tral Council of Pharmacy wh and approve the courses of stu would be maintained of qualif s were constituted under Section why under Chapter IV of Pharm cist under Section 29 provides minimum standard of professio Council of India is required to e is for the time being residing acy. Pharmacy Act, 1948 to get him h he is residing or carrying on ore, condition (iv) at Sr.No.5 ily Technical (Group 'C') Serv d experience to the effect that

for as a Act, that by of cy. hich udy fied n 19 macy for onal o be g or self his of

person should b up under the Pha

31.

The No.5 of Append 'C') Service Ru CONCLUSION

32.

participated in Undisputedly al got themselves

23.10.2020 and

33.

The 1948 is to ensu that is why they they want to pra 1948, only reg pharmacist.

34.

A registered pharm the register of th profession or bu

35.

Tho Punjab Health wherein a speci he should be re be registered as Pharmacist with armacy Act, 1948 is not arbitrary erefore, we do not find any in dix 'B' of the Punjab Health and les, 2016. The same is upheld. N w coming to the present petitio the selection process and a ll the petitioners, namely, Harpr registered with the Punjab P

02.11.2020, respectively. e object and reasoning behind ure that only the qualified pharm y are required to get themselves actice. Meaning thereby, as per gistered pharmacist shall be pe perusal of the definition of macist means a person whose na he State in which he is for the tim usiness of pharmacy. ough, we do not find any infirm and Family Welfare Technical ific condition has been imposed egistered as pharmacist with the

h the Punjab Pharmacy Council y. firmity in the Condition IV at d Family Welfare Technical (Gro ons wherein all the petitioners h afterwards challenged the Ru reet Kaur, Satpal and Mohit Kum Pharmacy Council on 29.10.20 the enactment of Pharmacy A macists can practice pharmacy registered with the States in wh r the requirement of Pharmacy A ermitted to practice profession registered pharmacist shows t ame is for the time being entered me being residing or carrying on mity in condition (iv) of Sr.No.5 (Group 'C') Service Rules, 20 d for recruitment as pharmacist t e Punjab Pharmacy Council set

set Sr. oup have ules. mar 020, Act, and hich Act, n of that d in his , of that

under the Pharm on the pharmaci granted to the ap State for which the applicants o Pharmacy Act, of Pharmacist w And if that bein in the selection states should b procedure for ge

36.

Bef

i)

ii)

iii) macy Act, 1948, whereas this co ists who are registered with oth pplicants to get their registration they want to apply then that wo of other states and it is but obvi 1948, one of the conditions in e would be to be registered with th ng so, no applicant outside the St n process. Therefore, justice de be granted reasonable time per etting their registration transferre fore parting with the judgment, w That it is the requirement of should be registered with the which he is to carry on his pr Different persons from d registered with their State recruitment, they get their r wherein they apply for the j transfer is not granted, in pu to debarring them from part States other than their own. Therefore, the State Author candidates, who are register they are not registered with

ondition in a way would impose er States. If reasonable time is n transferred from their State to ould amount to discrimination w ious that as per the requirement every State for applying for the he Pharmacy Council of that St tate would be allowed to particip emands that applicants from ot riod which is required as per ed. we observe as under:- f Pharmacy Act, 1948 that a per e Pharmacy Council of the State rofession or business of pharmac different States get themsel and as and when there is registration transferred to the St job and if required time period ublic interest, then it would amo ticipating in the recruitment of

rities are directed not to debar red with other States only beca their States before the cut off d

bar not with t of job tate. pate ther rson e in cy. lves any tate for ount ause

iv)

37.

In clarified that sin of the advertisem date of filling qualification as with the Punjab further undisput all the petitione Therefore, they

38.

Pen

39.

A p cases.

(SURESHWAR

JUDGE

December 19, 2 tripti

Wh

Wh Rather they should grant th which is required for transf State to other, so that the meritorious. There is no infirmity in imp registration with the particu debarring others would amou view of the above, the present nce the selection process is of th ment the qualification of the ca of the applications and one per the advertisement is that he b Pharmacy Council set up un tedly the date of registration wit ers in all the writ petitions is aft are not entitled to any relief. nding applications, if any, also st photocopy of this order be plac R THAKUR)

hether speaking/non-speaking : S hether reportable

: Y

hem a period equal to the peri fer/change of registration from o ey do not suffer inspite of be posing the condition/requirement ular State as pharmacist, wher unt to discrimination. t writ petitions are dismissed. I he year 2020 and as per conditio andidates should be prior to the e of the basic and professio should be registered as Pharma nder the Pharmacy Act, 1948 th the Punjab Pharmacy Counci fter the cut-off date i.e. 31.08.20 tand disposed of. ced on the files of other connec (SUDEEPTI SHARMA) JUDGE Speaking

iod, one eing t of reas It is on 8 last onal acist and l of

020.