(Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein more particularly the respondents 2 and 3 to issue Posting Orders to the petitioner for the post of Pharmacist (Allopathy) which is a Group “C” Post pursuant to the notification in No.A.12020/1/E1/2025/DHFWS dated 02.06.2025, issued by the respondents 2 & 3 forthwith.)
1. This Writ Petition has been filed seeking a direction to the respondents 2 and 3 to issue the posting order to the petitioner for the post of Pharmacist (Allopathy) pursuant to the notification dated 02.06.2025 issued for the said post.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner belongs to Most Backward Community. She is qualified for appointment to the post of Pharmacist. The necessary education qualifications prescribed for the post are High Secondary, Degree or Diploma in Pharmacy from a recognized University/Institution along with registration in any one of the Pharmacy Council. The petitioner possesses a Bachelor of Pharmacy degree (herein after referred to as “B.Pharm”) and is registered with Pondicherry Pharmacy Council. The petitioner applied for the said post and was selected and was called for certificate verification and interview. Though the petitioner applied under the Most Backward Class category, she was selected under the Unreserved Category, since she secured 39.5625 marks in the written examination and placed 6th rank in the Unreserved category.
4. During the certificate verification, the respondents found that the petitioner had undergone her B.Pharm course from 01.02.2021 to 23.06.2025. Further, the petitioner was issued course completion certificate on 01.07.2025 and the provisional certificate on 16.07.2025. She thereafter registered her B.Pharm degree with Pondicherry Pharmacy Council on 04.08.2025. The notification was issued on 02.06.2025, and the applications were called for from 04.06.2025 and the last date for submission of application was 24.06.2025. It is the grievance of the respondents that the petitioner did not possess the course completion certificate and the provisional certificate on or before 24.06.2025, the closing date for submission of application.
5. The learned counsel appearing for the petitioner submitted that, as per the Clause No.17.8 of the notification, the certificates/documents in support of their educational qualifications and caste/category, etc. shall be sought from the provisionally selected candidates at the time of certificate verification only. During the certificate verification held on 24.09.2025, the petitioner had obtained all the requisite certificates and produced the same before the second respondent. That apart, though the duration of the B.Pharm course is four years, due to the COVID-19 pandemic, the course period was extended till 23.06.2025. The petitioner completed the course on 23.06.2025 itself, i.e. before the closing date of submission of application. That apart, she had secured high marks in the degree examination and was selected under the Unreserved category, where she was placed in the sixth rank as per the selection list.
6. The learned counsel appearing for the petitioner relied upon the Judgment of the Hon’ble Division Bench of the High Court of Punjab and Haryana reported in 2024 SCC Online P & H 9324 in the case of Harpreet Kaur Vs. State of Haryana and others, wherein it has been held as follows :
12. These are all procedural lapses/delays for which the students/candidates/aspirants for job should not suffer. Apart from this, we have observed in other matters also, some time there is lapse/delay on the part of certain educational institutions, in issuance of marks sheet/degrees. Therefore, the recruitment agencies should take into consideration the date and year of passing of the examination and not the date of issuance of the certificate. It is further clarified that if in any exceptional cases there is some doubt regarding authenticity of the marks sheet/date of declaration of results, the candidate should be issued appointment letter subject to the condition of their being retained in the job as per the verification of the educational qualification certificates with respect to the date and authenticity of the document. It would reduce the unnecessary litigation and would encourage all the meritorious candidates. The recruitment agencies should be prudent enough to select the best candidate by ignoring procedural lapse(s) in the documents.”
7. The learned Additional Government Pleader (Puducherry) appearing for the respondents submitted that the writ petition has been filed seeking a direction, that too, without the petitioner having submitted any representation. Hence, he sought for time to file a detailed reply.
8. Now the respondents are issuing appointment order based on the selection list, without considering the case of the petitioner. The petitioner has made out a prima facie case to show that she completed her course of B.Pharm course on 23.06.2025 i.e. even before the closing date for submission of application, which was 24.06.2025. The petitioner was issued course completion certificate on 01.07.2025 and the provisional certificate on 16.07.2025. She also registered her degree with the Pondicherry Pharmacy Council on 04.08.2025. As per Clause No.17.8 of the notification, the petitioner produced all the required certificates at the time of certificate verification. Further, the notification does not stipulate that the candidate must possess the educational qualification as on the date of submitting the application. Even assuming that the educational qualification ought to have been possessed on the closing date of application, the petitioner had completed the course on 23.06.2025 itself. The issuance of the course completion certificate and provisional certificate on later dates does not affect the fact that she had completed the degree prior to the closing date. All requisite documents were produced before the respondents at the time of certificate verification.
9. The above judgment relied upon by the learned counsel for the petitioner is squarely applicable to the case on hand. Admittedly, duration of the course of the petitioner was extended from four years to four and a half years due to COVID-19 pandemic.
10. In view of the above, the second and third respondents are directed to issue appointment order to the petitioner for the post of Pharmacist (Allopathy), pursuant to the notification dated 02.06.2025, if the petitioner is otherwise fully qualified for appointment to the said post.
11. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.




