Patna: The Patna high court on Thursday upheld the constitutional validity of the Bihar Pharmacists Cadre (Amendment) Rules, 2014, which prescribe a diploma in pharmacy (D.Pharma) as the minimum educational qualification for the direct recruitment of pharmacists in the state.
A division bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy delivered the judgement while disposing of a batch of writ petitions filed by Sanjeev Kumar Mishra and 120 other petitioners.
The bench, while appreciating the submissions of advocate general P K Shahi, held that the state govt is legally competent to frame rules prescribing a minimum educational qualification suited to its healthcare infrastructure.
The court noted that a diploma in pharmacy includes 500 hours of intensive hospital training and practical duties. It observed that determining the necessity of such training for the appointment of pharmacists falls within the executive wisdom of the state govt and the high court would not interfere with such policy decisions.
The court further held that the requirement of a diploma as an essential qualification is neither arbitrary nor discriminatory towards candidates holding higher degrees such as a bachelor or master in pharmacy. It clarified that the state’s pharmacists cadre rules provide an avenue for such candidates to be considered, provided they also hold a D. Pharma qualification.
The court also ruled that the Bihar Pharmacists Cadre Rules, 2014, do not contravene the directives of the Pharmacy Council of India (PCI), the central regulatory authority for the pharmacy profession.
Senior advocates Yadu Vansh Giri, Satyadarshi Sanjay, Mrigank Mauli, Abhinav Srivastav, Md Mumtaz Uddin and Prashant Sinha argued the case on behalf of the petitioners. Advocate general P K Shahi represented the state. Senior advocate Jitendra Singh appeared on behalf of the Pharmacy Council of India while senior advocate Lalit Kishore represented aspirants who had intervened to oppose the writ petitions.
