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there is no question of the said Regulation 15 having effect of depriving an equal opportunity to an

Raj Kumar Makkad ,
  23 June 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Eligibility - Admission to second year Pharmacy Degree Course - Eligibility criteria implementing Regulation 15 of the Education Regulations 91 of Pharmacy Council of India - Challenged - Whether eligibility criteria for admission to said course arbitrary and discriminatory in nature?
Citation :
Anasari Ziyaur Rehman Naimoor Rehman v. Mahatma Gandhi Vidyamandir's Samajshri Prashantdada Hiray College of Pharmacy and Ors. and Ashish Gokul Sonje v. Kalyani Charitable Trust's R.G. Sapkal College of Pharmacy and Ors. (Decided on 07.05.2010) MANU/MH/0504/2010

Held, State of Maharashtra has taken conscious decision of implementing the said Regulation 15 in so far as admission directly to the Second Year of the Degree Course is concerned. The said decision, has been taken by the State Government taking all the relevant factors into consideration. Therefore, in so far as State of Maharashtra is concerned, if a student is interested in direct admission to the Second Year of the Degree Course, he would have to pass Diploma Examination with First Class in a single attempt. It was held that requirements as prescribed by Regulation 15 does not make the said Regulation 15 arbitrary, unreasonable and discriminatory as is sought to be contended on behalf of the Petitioners on the grounds urged by the Petitioners. The said Regulation 15 prescribes the standard, which a student would have to achieve for being admitted directly to the Second Year of the Degree Course. A student who secures admission through the said process and who completes Pharmacy Degree would obviously have better prospects than a student who is less meritorious and who has completed his Degree Course in Pharmacy. Court held there is no question of the said Regulation 15 having effect of depriving an equal opportunity to any student from Maharashtra in the matter of employment. In fact, the said Regulation 15 operates towards academic excellence. Thus, there is no merit in any of the above Petitions. Therefore, Petitions dismissed.

     

 
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Published in Civil Law
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