CW 15711/09 {1} In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15711/2009 Radhey Shyam Sharma & Ors Versus State & Ors. Date of Order : 16/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sunil Kr. Singodia, for petitioner It is a joint petition filed by Ten petitioners with the grievance that they were not permitted to participate in process of selection initiated by respondents for the post of Pharmacist in pursuance of advertisement dt.02/01/09 (Schedule-C). After obtaining Degree of B.Pharm., petitioners got themselves registered with Rajasthan Pharmacy Council in July/November, 2009, as is evident from Schedule A placed on record. Advertisement dt.02/01/09 was issued by respondents holding selection for the post of Pharmacist – qualification referred to therein ad infra: “B.Pharma or Diploma in Pharmacy Registered with Rajasthan Pharmacy Council. Preference to candidates having B.Pharma.” Last date for submission of application was 13/01/2099. Indisputably none of the CW 15711/09 {2} petitioners got themselves registered with Pharmacy Council either on the date of advertisement (02/01/09) or upto last date of application (13/01/09), which was never extended and was cut-off date on which eligibility of applicants was required to be examined by the authority in course of holding selection. After completion of the process of selection, applicants who were found suitable for the post of Pharmacist were appointed on contract basis vide order dt.07/12/09 (Ann.3), petitioner have approached this Court with the grievance that they did their B.Pharma., much prior to the date of advertisement but merely because they got themselves registered with Rajasthan Pharmacy Council after last date of application under advertisement (Schedule-C), that cannot be considered to be an impediment for their participation in the process of selection impugned. Counsel further submits that petitioners had submitted their applications for registration immediately after obtaining Degree of B.Pharma and if the delay has caused in getting themselves registered by Pharmacy Council, they cannot be considered to be CW 15711/09 {3} ineligible for participation in the process of selection impugned and in such circumstances, action of respondents is wholly arbitrary and in violation of Art.14 of Constitution of India. In support, Counsel placed reliance upon decision of this Court in Ashok Kr. Purohit Vs. State (2006 WLC(UC) 154). Submission made by Counsel is without any merit for the reason that eligibility as per advertisement dt.02/01/09 was that one should be registered with Rajasthan Pharmacy Council; whereas petitioners got themselves registered in July/November, 2009; they indisputably got registered much after the last date of submission of application (13/01/09) under advertisement dt.02/01/09; as such they were not even eligible to participate in process of selection impugned herein; and thus petitioners being in-eligible have no right or locus to question the process of selection initiated by respondents pursuant to advertisement dt.02/01/09. As regards submission made by Counsel that petitioners submitted their applications for registration with Rajasthan Pharmacy Council immediately after obtaining their degree of B.Pharma, the delay was on the part CW 15711/09 {4} of Pharmacy Council in registering them which may not cause prejudice to them. Such a contention is also without any factual foundation for the reason that nothing has been placed on record by which this Court can infer that the delay be attributed to Pharmacy Council in processing their application for getting them registered with Rajasthan Pharmacy Council. That apart, even if there may be any delay on the part of Pharmcy Council, but under the advertisement dt.02/01/09 the authority was under obligation to consider such applicants who fulfilled requisite eligibility. Judgment relied upon by Counsel is also of no assistance for the reason that applicants in the cited decision (Ashok Kr. Purohit Vs. State (supra))got registered with Pharmacy Council on 22/08/03 and the last date for applications invited was 16/08/05; as such one having got himself registered before last date, certainly could not be held to be in- eligible for participation in process. Consequently, writ petition being devoid of merit fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p4/ 15711CW09Dec16Ds.doc