The Supreme Court confirmed the decision of Patna High Court.
Jagran Bureau, New Delhi. For recruitment to the post of Pharmacist in Bihar, it is necessary to have Diploma in Pharmacy. The Supreme Court has upheld the Bihar government's rule mandating diploma in pharmacy for the post of pharmacist. The Supreme Court confirmed the decision of the Patna High Court. The Supreme Court has rejected all the appeals challenging the decision of the Patna High Court. Patna High Court, in its decision given on April 10, 2025, had upheld the rule of mandatory minimum qualification of Diploma in Pharmacy for the post of Pharmacist.
People doing B Pharma and M Pharma had challenged the decision of the High Court by filing an appeal in the Supreme Court. In the Supreme Court, the bench of Justice MM Sundresh and Justice Satish Chandra Sharma approved the decision of the Patna High Court on Friday. After the decision of the Supreme Court, the long standing dispute regarding the recruitment eligibility of pharmacists in Bihar has been resolved.
Disappointment among those with higher degrees
With this decision, while on one hand there is a wave of happiness among the people having D Pharma (Diploma in Pharmacy) degree, on the other hand there is disappointment among those having higher degrees of B Pharma and M Pharma because despite having higher degrees, if they do not have the mandatory minimum qualification of Diploma in Pharmacy, then they cannot apply for the post of Pharmacist.
However, one can apply if he has D.Pharma. This matter is related to recruitment on 2473 posts of Pharmacist by Bihar Technical Service Commission. The Supreme Court said that 500 hours of compulsory practical training is necessary in the Pharmacy Diploma course. In which 250 hours are fixed for prescription distribution. The court said that in 2020, the rules have been further refined, limiting it to hospital, dispensary or clinic based activities.
It is not necessary to have qualification in second stream
Whereas, under the B. Pharma Course Regulation, 2014, 150 hours of practical training is mandatory for degree holders and they have the option to pursue training in a hospital, community center or within the pharmaceutical industry. The court said that the diploma holders' B. Merely having a provision for literal entry in the second year of Pharma does not make this degree an equally high qualification. Having qualification in one stream is not necessary to have qualification in the other stream.
Moreover, diploma holders have limited employment opportunities compared to degree holders, the Supreme Court said. Therefore, making diploma an essential qualification for appointment by the State cannot be said to be arbitrary.
The State has merely identified a small group of candidates from among the large group of registered pharmacists whom it considers best suited for a particular purpose. Additionally, graduate or post graduate degree holders are not completely excluded. Advocate Manish Kumar, on behalf of the state government, defended the rules and supported the High Court's decision.