A bench of justices H L Gokhale and Ranjana Prakash Desai issued notice to the authorities concerned on the appeal filed by one Rajiv Kumar Dixit, a D.Pharmacy holder through counsel G S Mani, challenging the impugned notification dated November 28, 2011.
According to the petitioner, D. Pharma is a mandatory qualification as prescribed by the amended Rajasthan Medical & Health Subordinate Service Rules, 1965, vide notification dated November 24, 2011.
But, the Rajasthan Health Services University in the impugned notification permitted the B.Pharma and M.Pharma degree holders also to apply for the said pharmacists' posts without any amendment of said governing rule.
"Apart from this, the B. Pharma and M. Pharma are not higher qualification against D. Pharma for the purpose of appointment of pharmacist post as there is no training in handling the prescription and distribution of drugs and medicine in B. Pharma and M. Pharma qualification as it is mandatory in D. Pharma.
"The utilisation of high qualified person in the low tune work without having a mandatory qualification is abuse of the resource of education institution," the petition stated.
The state high court had earlier dismissed the plea of some of the aggrieved candidates following which they had appealed in the apex court.
