Himachal Pradesh High Court
Sh. Yash Pal Singh S/O Shri Om Prakash vs State Of Himachal Pradesh Through on 23 April, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 23rd DAY OF APRIL, 2022.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION No.1691 of 2021.
Between:-
r to
1. SH. YASH PAL SINGH S/O SHRI OM PRAKASH,
R/O SAMNOS (197), DISTT. MANDI, H.P. PIN
175039 AGED ABOUT 29 YEARS.
QUALIFICATION M.S. PHARMA (MEDICINAL
CHEMISTRY), PURSUING PhD OCCUPATION-NIL.
2. SH. DINESH KUMAR S/O SH. PIARE LAL, R/O
DOHAN JAJWIN, TEHSIL JHANDUTTA, DISTT.
BILASPUR, H.P. PIN 174017 AGED ABOUT
33 YEARS. QUALIFICATION M.S. PHARMA
(PHARMACOLOGY AND TOXICOLOGY),
PhD.
3. SH. AMIT KUMAR S/O SH. RAM DASS, R/O
VPO UTPUR, TEHSIL AND DISTT. HAMIRPUR,
H.P. PIN 177022 AGED ABOUT 28 YEARS.
QUALIFICATION M.S. PHARMA (MEDICINAL
CHEMISTRY).
4. SH. PANKAJ JINNTA S/O SH. KAMAL SINGH,
R/O VILLAGE KANDA, ARHAL (74/1) DISTT.
SHIMLA, H.P. PIN 171223 AGED ABOUT
26 YEARS. QUALIFICATION M.S. PHARMA
(NATURAL PRODUCTS)
5. SH. LACHHMAN SINGH S/O SH. CHET RAM
R/O BARA (14) DISTT. MANDI, HIMACHAL
PRADESH PIN 175025 AGED ABOUT 29 YEARS,
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(MEDICINAL CHEMISTRY), PURSUING PhD.
6. MS. CHETNA JHAGTA W/O SH. KUWANT SINGH,
.
R/O VILLAGE AND POST OFFICE GILTARI, TEHSIL
JUBBAL, DISTT. SHIMLA, H.P. AGED ABOUT 29
YEARS. QUALIFICATION M.S. PHARMA (MEDICINAL
CHEMISTRY).
......PETITIONERS.
(BY SH. RAJESH KUMAR PARMAR, ADVOCATE)
AND
1.
STATE OF HIMACHAL PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF
(VOCATIONAL EDUCATION), H.P. SECRETARIAT,
SHIMLA 171002 (H.P.)
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION,
NIGAM VIHAR, SHIMLA, H.P. PIN 171001 THROUGH
ITS SECRETARY.
3. THE DIRECTOR (TECHNICAL EDUCATION),
DIRECTORATE OF TECHNICAL EDUCATION,
VOCATIONAL & INDUSTRIAL TRAINING
HIMACHAL PRADESH, SUNDERNAGAR,
DISTT. MANDI, HIMACHAL PRADESH-175018.
4. THE UNION OF INDIA, THROUGH PRINCIPAL
SECRETARY, MINISTRY OF EDUCATION.
5. NATIONAL INSTITUTE OF PHARMACEUTICAL
EDUCATION AND RESEARCH (NIPER)
S.A.S NAGAR SECTOR 67, S.A.S NAGAR
(MOHALI)-160062, PUNJAB (INDIA),
PHONE: +91-172-2214682-87,
FAX:+ 91-172-2214692.
6. THE CHAIRMAN, UNIVERSITY GRANTS COMMISSION
(UGC) BAHADUR SHAH ZAFAR MARG, NEW DELHI-
110002. 011-23604446, 011-23604200
EMAIL-WEBMASTER.UGC.HELP@ GMAIL.COM
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7. THE PHARMACY COUNCIL OF INDIA, THROUGH
ITS REGISTRAR CUM SECRETARY, NBCC CENTRE,
3RD FLOOR PLOT NO.2, COMMUNITY CENTRE,
.
MAA ANANDAMAI MARG, OKHLA PHASE-1,
NEW DELHI-110020.
8. THE DIRECTOR, All INDIA COUNCIL FOR TECHNICAL
EDUCATION, NELSON MANDELA MARG, VASANT
KUNJ, NEW DELHI-110 070 PH. NO.: 011-29581000,
WEBSITE: WWW.AICTE-INDIA.ORG.
......RESPONDENTS.
(SH.ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. RAJINDER DOGRA, SENIOR
ADDITIONAL ADVOCATE GENERAL, MR.
VINOD THAKUR, MR. SHIV PAL MANHANS,
ADDITIONAL ADVOCATE GENERALS,
MR. YUDHBIR SINGH THAKUR AND
MR. BHUPINDER THAKUR, DEPUTY ADVOCATE
GENERALS, FOR THE RESPONDENTS-STATE).
(SH. VIKRANT THAKUR, ADVOCATE, FOR
RESPONDENT-2).
(SH. BALRAM SHRMA, ASGI, FOR RESPONDENTS-4
AND 7)
(SH. B.C.NEGI, SENIOR ADVOCATE WITH
SH. NITIN THAKUR, ADVOCATE, FOR RESPONDENT-5)
(SH. PRASHANT SHARMA, ADVOCATE,
FOR RESPONDENT-6).
(SH. VIJAY K. ARORA, ADVOCATE, FOR
RESPONDENT-8)
________________________________________________________________
Reserved on : 19.04.2022.
This petition coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh
Chauhan, passed the following:
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4
ORDER
The moot question raised in this petition is .
whether M.S. Pharm Degree awarded by the National Institute of Pharmaceutical Education and Research (NIPER) is equivalent to the degree of M. Pharma issued by the other Universities?
2. The petitioners are Post Graduate in the Pharmacy i.e. M.S. Pharm/Master r of Science in Pharmacy from the NIPER.
3. The respondent No.2. i.e. Himachal Pradesh Public Service Commission issued an advertisement No. 3 of 2020 inviting online applications to various posts including Assistant Professor (Pharmacy)(in Item No. II). The essential qualification for the posts of Assistant Professor (Pharmacy) was mentioned as Bachelor and Master's Degrees in Pharmacy. The petitioners applied for the post of Assistant Professor (Pharmacy), but 2nd respondent did not consider the case only because of the nomenclature of their Degree i.e. M.S. (Pharm) instead of M. Pharma.
4. Earlier also, on 12.07.2017, the respondents had issued similar advertisement with the same qualification and there also the candidature of some of the candidates ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 5 possessing M.S. (Pharm) was rejected only because they were not having M.Pharma Degree. Those candidates .
approached the Himachal Pradesh State Administrative Tribunal by filing various petitions and the Tribunal vide interim order directed the respondents to allow the petitioners to appear in the recruitment process.
5. Being aggrieved by the advertisement, the petitioners approached this Court by filing CWP No. 1001/2020. However, it was found that the petition was pre-mature because at that relevant time the candidature of the petitioners had not been rejected. However, it was in March, 2021 that the petitioners learnt that the final rejection list had been prepared by 2 nd respondent whereby it had rejected the candidature of the petitioners making it clear that M.S. (Pharm) Degree granted by the NIPER was not equivalent to the M. Pharma Degree.
6. Aggrieved by the rejection of the candidature, the petitioners have now approached this Court by filing the instant petition for grant of the following substantive reliefs:-
::: Downloaded on - 25/04/2022 20:05:57 :::CIS 6"(i) (a) by way of writ of certiorari, order or directions the rejection list issued by the respondent No.2 may .
very kindly be quashed and set aside.
(b) by way of writ of certiorari, order or directions the Letter No. EDN(TE) E(1)9/2020 dated 15 February 2021 issued by the respondent No.3, wherein held that, M.S. Pharm degree awarded by the NIPER is not equivalent to the M. Pharma, may very kindly be quashed and set aside.
(c) by way of the writ of Mandamus, order or directions, respondents may be directed to consider the M.S. Pharm Degree by the NIPER equivalent to the M. Pharma degree and allow petitioners to appear in the Recruitment Process for the posts of Assistant Professor (Pharmacy) and join the job thereafter;
(d) Respondent State may very kindly be directed to amend Advertisement (Annexure P-1) by adding M.S. Pharma as one of the Essential Qualification like M. Pharma for the recruitment of the post of Assistant Professor (Pharmacy) within short stipulated time;
(e) by way of the writ, order or directions, Respondent No.2 may be directed to add M.S. Pharma as one of he option in the online application/website in future."
7. The Department of Vocational Education and Director, Technical Education were arrayed as respondents No.1 and 3and they have filed a joint reply wherein it is ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 7 contended that the NIPER is an institute of national importance for pharmacy education, especially research .
work and offers a variety of courses of Pharmacy education as listed below:-
1. M.S. Pharm.
2. M.Tech (Pharma).
3.M.Pharm.
4. MBA (Pharma Management)
8. It is averred that the petitioners by way of present petition want to equate the M. Pharma with M.S. Pharm, whereas, both are separate courses run at the institute from where the petitioners have done M.S. Pharm i.e. NIPER and as these are separate courses in a institute, there cannot be any equation between the courses. The petitioners are trying to mislead the Court, whereas, it was in the full knowledge of the petitioners that the M.Pharma is not equivalent with M.S. Pharm.
9. It is further averred that in compliance to the orders passed by this Court earlier on 18.03.2021 in CWP No. 1691 of 2021 whereby they had been directed to consider the case of equivalence of the petitioners, the whole case had been placed by the Secretary, Himachal ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 8 Pradesh Public Service Commission i.e. respondent No.2 to the Government. Thereafter, the Director, Technical .
Education, took up the matter with the Equivalence Committee and accordingly the matter was re-examined.
After a careful examination of the whole issue by the Committee, it came to the conclusion that the M. Pharma and M.S. Pharm Courses cannot be considered equivalent for the post of Assistant Professor(Pharmacy). Similar, is the stand taken by 2nd respondent.
10. Even though, AICTE has filed a short counter-
affidavit, however, the same is not relevant for our purpose.
11. The NIPER has been arrayed as respondent No.5 and has filed its separate reply and it is necessary to reproduce paras-10 and 11 of the reply which read as under:-
"10-11. That the contents of this para in so far as it relates to the provisions of the NIPER Act are concerned, the same are matter of record. However, it is respectfully submitted that the answering respondent i.e. National Institute of Pharmaceutical Education & Research (NIPER), SAS Nagar is the first National Level Institute in Pharmaceutical Sciences with a proclaimed objective of becoming a centre of ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 9 excellence for advanced studies and research in pharmaceutical sciences. The Government of India .
has declared the answering respondent as an 'Institute of National Importance'. It is an autonomous body set up under the aegis of Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India. The Institute is conceived to provide leadership in pharmaceutical sciences and related areas not only within the country,, but also to the countries in South East Asia, South Asia and Africa. The answering respondent is a member of Association of Indian Universities and Association of Commonwealth Universities. As per the NIPER ACT, 1998, NIPER can award Masters' and Doctoral degree. NIPER (Degree of Masters' and Doctor of Philosophy) Ordinances, 2005 published in the official gazette of India provides details of Masters' and Ph.D. programmes offered by the answering respondent.
It is further respectfully submitted that the M.Pharm. and M.S. Pharm. are equivalent degrees as clear from the following:-
I. M.Pharm. and M.S. (Pharm.) are post graduate degrees. Both are two yearprogramme (one year course work and one year dissertation (research project).
II. For both of them, the B. Pharm. Degree is essential qualification. NIPER admits students for their masters' program who qualify both Graduate ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 10 Pharmacy Aptitude Test (GPAT) and NIPER-JEE entrance based on merit.
.
III. In both the cases, advanced learning in pharmaceutical sciences are included. IV. The syllabus in both cases is quite comparable.
Minor differences arise only due to the specialization, but not due to the overall contents. V. The equivalence between M.Pharm. and M.S. (Pharm.)has been recognized by Pharmacy Council of India (PCI).
VI. The equivalence between M.Pharm. and M.S. (Pharm) has been recognized by the AICTE (All India Council of Technical Education).
VII. NIPERs are offering M.Tech (Pharm.), M. Pharm., M.S. (Pharm.) degrees. This is only to distinguish that these three degrees are offered by various departments with research focus on pharmaceutical technology, pharmacy service and pharmaceutical science respectively. VIII. The advertisement from the Himachal Pradesh Public Service Commission is referring to 'Bachelor and Masters' degree in Pharmacy is essential.
Indeed the M.S. (Pharm.) degree being offered by NIPERs is a Master's degree in Pharmaceutical Sciences.
IX. It is essential to consider the term 'M.S. (Pharm.)' as one unit rather than considering the term 'MS' independent of '(Pharm.)' separately."
::: Downloaded on - 25/04/2022 20:05:57 :::CIS 1112. The Pharmacy Council of India has filed a short-
affidavit-cum-reply, the relevant portion whereof reads as .
under:-
"It is respectfully submitted that
a) NIPER vide letter dated 05.05.2014 approached the PCI to approve the MS qualification.
b) 256th EC (June, 2014 under Item No. 83) and 97 th CC (20th and 21st June, 2015 under Item No. 290) has clarified that only following qualifications acquired from an institution approved by PCI u/s 12 of the Pharmacy Act are approved for the purpose of registration as a pharmacist under the Pharmacy Act-
(a) D.Pharm.
(b) B.Pharm.
(c) Pharm. D.
In view of it , the said MS Programmes are not approved by the PCI either for the purpose of registration as a pharmacist under the Pharmacy Act to practice the profession OR any other purpose like teaching in approved pharmacy institutions.
*except academic programmes offered by NIPER under the NIPER Act, 1998 where admission qualification/eligibility criteria to such academic programmes is Bachelor of Pharmacy (B. Pharm) from an institution approved by PCI u/s 12 of the Pharmacy Act, 1948."
::: Downloaded on - 25/04/2022 20:05:57 :::CIS 1213. We have heard the learned counsel for the .
parties and have gone through the records of the case.
14. At the outset, we need to notice that NIPER as per its Constitution is an institute of national importance established by the National Institute of Pharmaceutical Education and Research Act, 1998 (13 of 1998) passed by the Parliament with the goal to to promote excellence in Pharmacy Education and Research. Sections r quality and 7(i) to (iii) and 32 of the NIPER Act read as under:-
"Section 7: The functions of the Institute shall be-
(i) To nurture and promote quality and excellence in Pharmaceutical education and research.
(ii) To concentrate on courses leading to master's degree, doctoral and post doctoral courses and research in Pharmaceutical education.
(iii) To hold examinations and grant degree.
Section32: "Notwithstanding anything contained in the University Grants Commission Act, 1956 or in any other law for the time being in force, the Institute shall have power to grant degrees and other academic distinctions and titles under this Act."
::: Downloaded on - 25/04/2022 20:05:57 :::CIS 1315. It is not in dispute that the Pharmacy Council of India is a statutory body constituted under the Pharmacy .
Act, 1948, with an objective of regulating the education and practice of profession of pharmacy in the country in order to ensure that only qualified and skilled manpower takes care of the health of the society. It is in order to fulfill the objectives of Pharmacy Act that Pharmacy Council of India has r been vested with certain powers and responsibilities, some of which are enumerated below:-
"i. To prescribe minimum standard of education required for qualifying as a pharmacist i.e. framing of Education Regulations prescribing the conditions to be fulfilled by the institutions seeking approval of the PCI for imparting education in pharmacy.
(Ref.: Section 10 of the Pharmacy Act). ii. To ensure uniform implementation of the educational standards through out the country. (Ref.:
Section 10 of the Pharmacy Act) iii. To approve the courses of study and examination for pharmacists i.e. approval of the academic training institutions providing pharmacy courses (Ref.: Section 12 of the Pharmacy Act).
iv) To withdraw approval , if the approved course of study or an approved examination does not continue to be in conformity with the educational standards prescribed by the PCI. (Ref.: Section 13 of the Pharmacy Act) ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 14
v) To approve qualifications granted outside the territories to which the Pharmacy Act extends i.e. .
the approval of foreign qualifications (Ref.: Section 14 of the Pharmacy Act).
vi). To maintain Central Register of Pharmacists (Ref.: Section 15 A of the Pharmacy Act).
The Pharmacy Act empowers the PCI to regulate the pharmacy education to qualify for registration as a pharmacist by way of section 10 of the Pharmacy Act which empowers the PCI to frame Education Regulations prescribing minimum standards of education required for qualification as a pharmacist. The PCI frames Education Regulations which are revised from time to time depending upon the need of the profession. Presently, the following Education Regulations are in vogue:
i. Education Regulations, 1991.
ii. Pharm. D. Regulations, 2008.
iii. The master of Pharmacy (M. Pharm) Course Regulations, 2014.
iv. The Bachelor of Pharmacy (B. Pharm) Course Regulations, 2014.
v. The Bachelor of Pharmacy (practice) Regulations, 2014.
vi. The Pharmacy Practice Regulations, 2015.
vii. The Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014.
In exercise of the powers conferred by Sections 10 and 18 of the Pharmacy Act, 1948 (8 of ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 15 1948), the Pharmacy Council of India, with the approval of the Central Government framed the .
"Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014" which prescribe the minimum qualifications and experience for appointment as a teacher for teaching various courses in pharmacy i.e. Diploma in Pharmacy (D.Pharm), Bachelor of Pharmacy (B.Pharm), Master of Pharmacy (M.Pharm) and Doctor of Pharmacy (Pharm. D). After framing of the above regulations the minimum qualification of teachers in pharmacy is now governed by "Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014".
The objective of "Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014" as laid down under regulation 2 is to ensure appointment of pharmacy teachers with prescribed qualifications and experience in various departments of a pharmacy institution imparting diploma, graduate and post-graduate education to maintain the minimum standard of teaching. Accordingly, these regulations prescribe the following as statutory requirements in respect of various courses-
-name of the post.
-academic qualification.
-teaching/research/industry experience."
16. As per the reply filed by the Pharmacy Council of India, the relevant portion whereof stands extracted above, ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 16 the academic programmes offered by the NIPER under the NIPER Act, 1998, are duly recognized by Pharmacy Council .
of India.
17. Once that be so, obviously, the State much less the Equivalence Committee constituted by the State cannot hold to the contrary as the Pharmacy Council of India like all other Councils like Bar Council, Medical Council etc. is the apex body and its directions r and instructions are binding on all bodies, institutions etc. offering courses in pharmacy, irrespective whether it is a Bachelor Course or a Master Course. The Pharmacy Council of India, as observed above, is the apex body to consider and provide for recognition of the pharmacy qualifications granted by Pharmacy Colleges/Institutes etc. Similarly, it is a parent body and only a competent body for the purpose of pursuing pharmacy education at all levels. Once, that be so, obviously, the last say, in matters of recognition and equivalence of degrees offered by the various institutes is the Pharmacy Council of India.
18. In addition thereto, the mere nomenclature of the Degree cannot by itself be a ground to hold the Degree ::: Downloaded on - 25/04/2022 20:05:57 :::CIS 17 of M.Pharma to be not equivalent to the Degree of M.S. Pharm.
.
19. In view of the aforesaid discussion, the writ petition is allowed and the Letter No. EDN(TE) E(1)9/2020 dated 15.2.2021 is quashed and set aside. The parties are left to bear their own costs. Pending applications, if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 23rd April, 2022.
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