Supreme Court Upholds Diploma Requirement for Pharmacist Positions in Bihar Higher Pharmacy Degrees Insufficient Without Diploma, Court Affirms State's Discretion in Setting Qualifications
In a landmark judgment, the Supreme Court of India has upheld the constitutional validity of the Bihar Pharmacists Cadre Rules, 2014, which mandates a Diploma in Pharmacy as the essential qualification for recruitment to the post of Pharmacist in the State's service cadre. The decision comes in response to appeals challenging the rules on the grounds of repugnancy with the Pharmacy Act, 1948 and the Pharmacy Practice Regulations, 2015.
The appellants, holders of Bachelor's and Master's degrees in Pharmacy, argued that the rules were arbitrary and exclusionary, contending that higher qualifications should suffice for eligibility. However, the Supreme Court, led by Justices M.M. Sundresh and Satish Chandra Sharma, found no fault with the State's policy decision, emphasizing that the prescription of minimum qualifications for public posts falls within the employer's prerogative and is beyond judicial review unless shown to be arbitrary or violative of fundamental rights.
The court noted that the Pharmacy Act and its regulations govern professional standards and registration but do not dictate public employment policies. It further highlighted that the Pharmacy Practice Regulations allow for both Diploma and Bachelor degree holders to be eligible for pharmacist roles but do not automatically grant a right to public employment.
The judgment also addressed concerns about repugnancy, affirming that both the Pharmacy Act and the Bihar Pharmacists Cadre Rules operate in distinct fields. The former regulates professional qualifications and standards, whereas the latter governs public employment eligibility, thus no conflict arises.
The Supreme Court's decision reinforces the State's discretion in recruiting pharmacists, emphasizing the specific skill set that Diploma holders bring to public health services, particularly their compulsory hospital training, which the court deemed crucial for effective service delivery in public health institutions.
The ruling effectively closes the door on arguments for eligibility based solely on higher academic qualifications without the foundational Diploma in Pharmacy, underscoring the State's authority to tailor its recruitment criteria to its administrative needs.
Bottom Line:
Prescription of Diploma in Pharmacy as essential qualification for the post of Pharmacist in State service cadre upheld; higher qualifications like Bachelor/Master in Pharmacy do not presuppose acquisition of the Diploma qualification and cannot substitute the essential qualification.
Statutory provision(s): Pharmacy Act, 1948; Pharmacy Practice Regulations, 2015; Bihar Pharmacists Cadre Rules, 2014 (as amended); Articles 14, 16, and 309 of the Constitution of India
Md. Firoz Mansuri v. State of Bihar, (SC) : Law Finder Doc Id # 2839461
