SC Upholds Diploma Holder’s Eligibility for Pharmacist Posts – Statutory Recognition Prevails
The Regulations framed by the PCI in exercise of statutory powers under Sections 10 and 18 of the Act, it was urged, have statutory force and prevail over Rules framed by the State under the proviso to Article 309 of the Constitution of India. The Regulations prescribe the qualification for the post of Pharmacist as Diploma in Pharmacy or Bachelor in Pharmacy. In terms of these Regulations, both categories of candidates are eligible to be appointed as Pharmacists. Fixation of Diploma in Pharmacy as the sole basic qualification under the State Rules runs directly contrary to the Regulations.
Bihar Pharmacist Cadre Rules and Recruitment Notifications provide for Diploma in Pharmacy as essential qualification for the post of Pharmacist (basic category). The State cannot be permitted to create sub-classifications amongst registered Pharmacists solely on the basis of educational qualifications, particularly when all such persons are statutorily recognized as Pharmacists.
Judgment dated 16.1.2026 of the Supreme Court of India in SLP (Civil) No.12236 of 2025 of Md. Firoz Mansuri and others Vs. The State of Bihar and others with connected civil appeals.
