@JUDGMENTTAG-ORDER
M.Y. Eqbal, J.@mdashHeard 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.
4. In the counter-affidavit filed by the State of Jharkhand it is stated that an examination committee has already been formed for holding examination of diploma in pharmacy vide notification No. 319 (ii) dated 19.4.2001. It is further stated that for the State of Jharkhand, the examination committee, Patna, has no jurisdiction to hold examination of diploma in Pharmacy of the students of Government Institute of Pharmacy situated at Bariatu at Ranchi.
5. From perusal of Annexure-3 to the writ application it appears that approval was granted by the Pharmacy Council of India to the Chairman, Controller of Examination (Diploma in Pharmacy), Patna for holding the examination for the academic session from 1995-96 to 1997-98. It is contended by the Petitioners that they are students for the sessions 1995-96 to 1997-98. Section 12(2) of Pharmacy Act, 1948 provides that any authority in the State which conduct a course of study for pharmacists may apply to the Central Council for approval of the course and the council in its turn after due inquiry shall approve the course of study for the purpose of admission to an approved examination for Diploma in Pharmacy. Similarly Section 12 deals with the power of the council to hold inquiry and grant approval for holding the examination. As noticed above, on behalf of the respondent-State of Jharkhand although it is stated that an examination body has been formed for conducting the examination but nothing has been said on its behalf whether they have approached the Pharmacy Council of India for grant of approval and permission for conducting the examination. Since the petitioners are the students for Sessions 1995-96 to 1997-98 and the examination for the aforesaid session, I am of the opinion, that the State of Jharkhand ought not to have raised objection to the examination which is being conducted by Patna for the Session prior to the division of State of Jharkhand. Since the students of the petitioner-Union have already appeared pursuant to the order dated 19.11.2001 passed by this Court I direct the examination body to publish result of these students along with students of other institutions in the state of Bihar. It is made clear that this order has been passed in the special circumstances of the case and it will not be construed that the Controller of Examination at Patna shall have the jurisdiction to conduct further examination in respect of the students of the Pharmacy Institute situated within the State of Jharkhand.
