Simplified Explanation of the Judgment

In a recent decision, the Patna High Court addressed whether candidates holding a Bachelor of Pharmacy (B.Pharma) degree are eligible for direct recruitment to the basic category post of Pharmacist under the Bihar Pharmacist Cadre Rules, 2014. The issue arose when a B.Pharma holder attempted to apply online for the Pharmacist post advertised by the Bihar State Health Society but was unable to submit his application due to system restrictions that required a Diploma in Pharmacy qualification.

The petitioner argued that both the Bihar Pharmacist Cadre Rules and the official advertisement allowed B.Pharma and M.Pharma candidates to apply, as stated in a note in Appendix-1 of the Rules. However, the online application system did not have an option for B.Pharma holders, effectively excluding them from applying.

The State and Health Society maintained that only candidates with a Diploma in Pharmacy were eligible, as specified in Rule 6 of the 2014 Rules. They contended that even though B.Pharma is a higher qualification, it could not replace the required diploma qualification unless expressly permitted by the Rules. They further argued that Diploma holders have practical hospital experience, whereas B.Pharma students undergo industrial training.

After considering arguments from all sides, the Court observed that Rule 6 of the Rules describes the Diploma in Pharmacy as the “minimum” qualification and not the “essential” qualification. Additionally, Appendix-1 of the same Rules explicitly states that B.Pharma and M.Pharma holders “may also apply,” indicating a broader eligibility.

The Court ruled that since Appendix-1 is part of the statutory Rules and was framed under Article 309 of the Constitution, it must be interpreted together with Rule 6. Ignoring this provision would render the appendix meaningless. Therefore, B.Pharma and M.Pharma degrees must be treated as valid qualifications for applying to the Pharmacist post.

The Court rejected the argument that only Diploma holders are eligible and clarified that the note in Appendix-1 legally authorizes B.Pharma and M.Pharma degree holders to participate in the recruitment. The Court emphasized that a higher qualification recognized under the Rules cannot be disregarded unless it contradicts the Rules, which it does not in this case.

Finally, the Court directed the Bihar State Health Society to update its application system to accept B.Pharma and M.Pharma applicants and to extend the last date of application submission by at least 15 days.

Significance or Implication of the Judgment

This judgment has significant implications for thousands of aspiring pharmacists in Bihar. It affirms that holding a higher qualification like B.Pharma or M.Pharma cannot disqualify a candidate when the Rules themselves recognize such qualifications. It ensures fairness in the recruitment process and prevents exclusion based on outdated or incorrectly implemented technical systems.

For the government, this ruling provides clarity on how recruitment rules should be interpreted, especially when higher qualifications are involved. It also emphasizes the need for alignment between statutory rules and digital application systems.

Legal Issue(s) Decided and the Court’s Decision

• Legal Issue: Whether a candidate possessing a B.Pharma degree is eligible for recruitment as a Pharmacist under the Bihar Pharmacist Cadre Rules, 2014.
  • Court’s Decision: Yes. The Court held that B.Pharma and M.Pharma degree holders are eligible, as the Rules explicitly permit them to apply.
• Legal Issue: Whether the term “minimum qualification” under Rule 6 excludes higher qualifications like B.Pharma.
  • Court’s Decision: No. “Minimum qualification” does not exclude higher qualifications, particularly when the Rules (Appendix-1) allow B.Pharma and M.Pharma candidates.

Judgments Referred by Parties

• Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors., (2019) 2 SCC 404
• Amlesh Kumar v. State of Bihar, CWJC No. 18218 of 2019
• Nandan Ban Goswami v. Vinod Kumar, Uttarakhand HC, S.A. No. 309 of 2015
• Bihar State Power (Holding) Co. Ltd. v. Md. Asif Hussain, LPA No. 1416 of 2018

Judgments Relied Upon or Cited by Court

• Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors., (2019) 2 SCC 404
• Jyoti K.K. v. Kerala Public Service Commission, (2010) 15 SCC 596
• State of Punjab v. Anita, (2015) 2 SCC 170
• Ashish Kumar v. State of Uttar Pradesh, (2018) 3 SCC 55

Case Title
Sanjeev Kumar Mishra v. State of Bihar & Ors.

Case Number
CWJC No. 22551 of 2019

Citation(s)
2020 (1) PLJR 489

Coram and Names of Judges
Hon’ble Mr. Justice Chakradhari Sharan Singh

Names of Advocates and who they appeared for

• For the Petitioner: Mr. Mrigank Mauli, Mr. Prince Kumar Mishra, Mr. Sanket
• For the Respondent State: Mr. Himanshu Kumar Akela (AC to PAAG-2)
• For the Health Society: Mr. K.K. Sinha, Mr. Shashi Shekhar
• For the Intervenor Respondent: Mr. Surendra Kumar Singh, Mr. Shashi Bhushan

Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMjI1NTEjMjAxOSMxI04=-laJTwyknTyo=

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