Legal provisions involved: Article 309 of the Constitution, Rule 6(1) Bihar Pharmacists Cadre Rules, 2014, Sections 10 and 18 Pharmacy Act, 1948

Judgement by: Supreme Court of India

Judge/Bench: Justice M. M. Sundresh, Justice Satish Chandra Sharma

Facts

Some candidates with Pharmacy degrees challenged the Bihar Pharmacists Cadre Rules, 2014 (amended 2024), because the rules required a Diploma in Pharmacy as the minimum qualification for recruitment to 2,473 Pharmacist posts. They argued that since both diploma and degree holders are recognised under central pharmacy laws, degree holders should also be eligible even without a diploma.

Key Legal Provisions

Article 309 of the Constitution, Rule 6(1) Bihar Pharmacists Cadre Rules, 2014, Sections 10 and 18 Pharmacy Act, 1948

Issues Raised

Can the State require a Diploma in Pharmacy as the minimum qualification for public jobs? Are degree holders without a diploma unfairly excluded?

Arguments of the case

The appellants said the rule was unfair. The State said it has the power to decide minimum qualifications for public jobs and the diploma rule is valid.

Judgement

The Supreme Court agreed with the State and the Patna High Court. It said the diploma requirement is reasonable, as it includes practical training that degree courses may not. Degree holders can still apply if they also have the diploma. The appeals were dismissed.

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