The Supreme Court has dismissed the appeals and upheld the validity of Rule 6 (1) of the Bihar Pharmacists Cadre Rules, 2014, as amended in 2024, observing that the state is competent to prescribe a Diploma in Pharmacy as the mandatory qualification for the appointment to the post of Pharmacist, and degree holders of B. Pharma or M. Pharma remain eligible, provided they possess the essential qualification of a Diploma in Pharmacy.
The Bench of Justice M. M. Sundresh and Justice Satish Chandra Sharma held that “the scope of judicial review in matters of public employment does not extend to questioning the State’s wisdom or policy in prescribing the minimum eligibility requirements for a public post.”
The case arose from recruitment notifications issued by the State of Bihar prescribing Diploma in Pharmacy as the essential qualification for appointment to the post of Pharmacist, which were challenged by B.Pharma and M.Pharma degree holders excluded from consideration. They contended that Rule 6(1) of the Bihar Pharmacists Cadre Rules, read with the appended Note, was repugnant to the Pharmacy Act, 1948 and the Pharmacy Practice Regulations, 2015, arguing that the central legislation occupies the field of prescribing qualifications for pharmacists, leaving no scope for the State to impose additional eligibility conditions.
The Patna High Court rejected the challenge, holding that fixation of minimum qualifications for public employment falls within the policy domain of the State, and that requiring a Diploma in Pharmacy, even from degree holders, was neither arbitrary nor unconstitutional. Aggrieved, the appellants approached the Supreme Court.
Dismissing the appeals, the Court upheld the validity of the amended Cadre Rules, ruling that the Pharmacy Act regulates professional practice, not public recruitment, and the State, as an employer, is entitled to prescribe eligibility criteria based on administrative and public health considerations. The bench observed that there was no absolute exclusion of degree holders, as they remain eligible provided, they possess a diploma in pharmacy and there is no violation of Articles 14 or 16 of the Constitution.
On the issue of repugnancy, the Supreme Court held that no conflict existed between the Bihar Pharmacists Cadre Rules and the Pharmacy Act, 1948 or the Pharmacy Practice Regulations, 2015. The Court clarified that the central legislation governs professional education, registration, and the right to practise pharmacy, whereas the Cadre Rules operate in the distinct domain of public employment.
The court held that registration as a pharmacist does not confer a right to appointment to a government post, and the State, acting under Article 309 of the Constitution, is entitled to prescribe eligibility criteria for recruitment from within the broader pool of registered pharmacists. Since compliance with the State rules does not result in disobedience of the central law, the doctrine of repugnancy was held to be inapplicable.
Accordingly, the Supreme Court has dismissed the appeals and upheld the validity of cadre rules, affirming the order of the High Court of Judicature of Patna. The connected contempt petition was also dismissed.
Appearance:
For Petitioner- Senior Advocate Ardendhumauli Prasad, AOR Rachitta Rai, Advocate Samresh Chandra Jha, Advocate Aditi, Advocate Gurmeet Singh, AOR Rohit Kumar Singh, Advocate Akash Kumar, Advocate Mahender Rathoure, Advocate Guru Sharan Maurya, Advocate Vinay Kumar Singh, Advocate Dilip Singh, Advocate R Karthik, Advocate Pramod Tiwari, Advocate Vivek Tiwari, Advocate Maahi Singh, Advocate Priyanka Dubey, Advocate Amit Bhardwaj, Advocate Piyush Sardana, Advocate Manindra Dubey, AOR Vinod Kumar Tewari, Senior Advocate Romy Chacko, AOR Shekhar Kumar, Advocate Siddharth Gautam, Advocate Sudip Patra, Advocate N Surej Prasad, Advocate Nikhil Kumar, Advocate Prashant Singh.
For Respondent- Senior Advocate Navneeti Prasad Singh, Senior Advocate Santosh Kumar, Advocate Vaibhav Niti, Advocate Rajiv Ranjan Mishra, Advocate Suruchi Yadav, Advocate Suruchi Yadav, AOR Dheeraj P Deo, ASG S.D. Sanjay, AOR Ajay Kumar Singh, Advocate Yatharth Singh, AOR Manish Kumar, Advocate Divyansh Mishra, Advocate Kumar Saurav, AOR Harsh Jain, Senior Advocate Navneeti Prasad Singh, Senior Advocate Santosh Kumar, Advocate Vaibhav Niti, Advocate Rajiv Ranjan Mishra, Advocate Suruchi Yadav, Advocate Suruchi Yadav, AOR Dheeraj P Deo, Advocate Vipin Rana, AOR Ayush Negi, Advocate Ritu, Advocate Vinay Panwar, Advocate Vishu Verma, Advocate Abhishek Ahuja.
