1 2025:CGHC:10254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1129 of 2025 1. Devendra Kumar Soni @ Devendra Soni S/o Shri Prabhakar Soni Aged About 46 Years R/o Vill. Sambalpur, Tehsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh ... Petitioner versus 1. The State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh 2. The State Of Chhattisgarh Through The Deputy Director, Food And Drug Administration, District Uttar Bastar Kanker (C.G.) 3. The Registrar Chhattisgarh State Pharmacy Council, House No.40, Anand Nagar, Raipur District Raipur, Chhattisgarh 4. The Secretary Chhattisgarh Board Of Secondary Education Raipur, Chhattisgarh 5. The Drugs Licensing Authority Food And Drugs Administration, District Uttar Bastar Kanker, Chhattisgarh ... Respondents Cause title is taken from the Case Information System For Petitioner : Shri Siddharth Pandey, Advocate For Respondent/State : Shri Satish Gupta, Govt. Advocate For Respondent No.3 : Shri Vaibhav A. Goverdhan, Advocate For Respondent No.4 : Shri R.S. Patel, Advocate Order on Board By Bibhu Datta Guru, J. 3/3/2025 1. By the present petition, the petitioner is questioning the order dated 6-7- 2022 by which the registration of the petitioner as Pharmacist 2 (Regn.No.18216 dated 8-11-2019) has been cancelled by exercising the power under Section 36 of the Pharmacy Act, 19481. 2. Learned counsel for the petitioner would submit that the registration has been cancelled on the ground that the petitioner has annexed class 12th mark sheet issued by the Chhattisgarh Board of School & Technical Education, which is not recognised by the Chhattisgarh Board of Secondary Education. He would further submit that the petitioner has completed his class 12th examination on 25-2-2024 when the certificate and mark sheet issued by the Chhattisgarh Board of School & Technical Education there is temporary equivalence from the Chhattisgarh Board of Secondary Education, which is evident from the order dated 9-2-2015 (Annexure-P/5). Subsequently, the said equivalence has been withdrawn. It means on the date of passing 12th class examination by the petitioner the mark sheet issued by the Chhattisgarh Board of School & Technical Education was having temporary equivalence by the Chhattisgarh Board of Secondary Education and on the basis of said certificate the registration was granted by the Pharmacy Council2. He would also submit that the petitioner could not submit the reply by bringing this fact before the Council when the show cause notice was issued to him, however, the Council has cancelled the registration certificate issued in favour of the petitioner. 3. Learned counsel appearing for the respondent No.3, per contra, would submit that the mark sheet of the petitioner was not recognised by the Chhattisgarh Board of Secondary Education and as the petitioner failed to submit his reply to the show cause notice, the Council has rightly cancelled the registration granted to the petitioner. 1 for short ‘the Act, 1948’ 2 for short ‘the Council’ 3 4. I have heard learned counsel appearing for the parties and perused the documents. 5. Perusal of the order dated 9-2-2015, it is apparent that the Chhattisgarh Board of Secondary Education has granted temporary equivalence to the certificate and mark sheet issued by the Chhattisgarh Board of School & Technical Education for a period from 7-11-2012 to 10-3-2014. During the said period the petitioner has passed class 12th examination i.e. on 25-2- 2014. On the basis of said mark sheet, the petitioner has been granted the registration certificate under the Act, 1948. 6. In view of the aforesaid facts and circumstances of the case, the petitioner is directed to approach the Council by bringing this fact and thereafter, the said Council shall take appropriate decision on the application, if any submitted by the petitioner, in accordance with law and by considering the fact that between the period from 7-11-2012 to 10-3-2014 the petitioner has passed class 12th examination from the Chhattisgarh Board of School & Technical Education. The entire exercise be completed within a period of 30 days from the date of submission of application by the petitioner. 7. With the aforesaid observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.03.03 18:14:35 +0530