Education Regulations
Section 10 of the Pharmacy Act, 1948 deals with education Regulations. Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist. The Act came into force on 04 Mar 1948.
(1) Subject to the provisions of this section, the Central Council may, subject to the approval of the Central Government, make regulations, to be called the Education Regulations, prescribing the minimum standard of education required for qualification as a pharmacist.
(2) In particular and without prejudice to the generality of the foregoing power, the Education Regulations may prescribe--
(a) the nature and period of study and of practical training to be undertaken before admission to an examination;
(b) the equipment and facilities to be provided for students undergoing approved courses of study;
(c) the subjects of examination and the standards therein to be attained;
(d) any other conditions of admission to examinations.
(3) Copies of the draft of the Education Regulations and of all Subsequent amendments thereof shall be furnished by the Central Council to all State Governments, and the Central Council shall before submitting the Education Regulations or any amendment thereof, as the case may be, to the Central Government for approval under sub-section (1) take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.
(4) The Education Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct.
(5) The Executive Committee shall from time to time report to the Central Council on the efficacy of the Education Regulations and may recommend to the Central Council such amendments thereof as it may think fit.
Section 10, The Pharmacy Act, 1948 (Act 8 of 1948).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy
Court's Decision & Legal Precedent
Judgement of Main Case order-102.pdf 2020-03-05 DATE VERIFIED (index Judgement; body New Delhi March 05, 2020). Arun Mishra + Vineet Saran + M.R. Shah. REPORTABLE. Isolate: Pharmacy Act s.10 — PCI power to frame Education Regulations prescribing minimum standards of pharmacy education; Pharmacy Act is a special Act / complete code in pharmacy education and prevails over the later general AICTE Act (generalia specialibus non derogant; Prince Shivaji Maratha architecture analogy); PCI alone regulates recognition of pharmacy degrees/diplomas. Recites s.12 approval — do not map 12. NEW act. Map 10 only.
On this section: Pharmacy Act s.10: PCI Education Regulations set minimum pharmacy-education standards; as a special Act the Pharmacy Act prevails over AICTE, so PCI alone regulates recognition of pharmacy degrees and diplomas (PCI v. Toshniwal).
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Ranjan Sinha vs Ajay Kumar Vishwakarma
Court's Decision & Legal Precedent
When a state is reorganized and a new state is formed by transferring territories from the parent state, the First Register of pharmacists prepared by the parent state under Section 30 of the Pharmacy Act, 1948 continues to be the First Register for the newly formed state to the extent it contains pharmacists whose residential addresses fall within the territories of the new state. The newly formed state cannot prepare a fresh First Register under Section 30. All subsequent registrations must comply with the Education Regulations framed by the Pharmacy Council of India under Section 10 of the Act. Sections 84 and 85 of the Bihar Reorganization Act, 2000 ensure continuity of laws from the parent state to the new state, and the First Register published by the parent state has the force of law and cannot be re-prepared by the new state.
On this section: Power of Pharmacy Council of India to make Education Regulations prescribing minimum standards of pharmacy education
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
11 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- Pharmacy Practice Regulations, 2015Regulation 2015
- Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014Regulation 2014
- The Bachelor of Pharmacy (Practice) Regulations, 2014Regulation 2014
- The Bachelor of Pharmacy Course Regulations, 2014Regulation 2014
- The Education (Amendment) Regulations, 2014Regulation 2014
- The Master of Pharmacy Course Regulation, 2014Regulation 2014
- The Pharm D(Amendment) Regulations, 2014Regulation 2014
- The Pharmacy Council of India Regulations Curbing the Menance of Ragging in Pharmacy College, 2012Regulation 2012
- Pharm.D Regulations, 2008Regulation 2008
- The Education (Amendment) Regulations, 1996Regulation 1996
- Education Regulations, 1991Regulation 1991
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 10
What have the courts held on Section 10 of the Pharmacy Act?
Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy (05 Mar 2020) is the leading judgment on this section among those set out below: Pharmacy Act s.10: PCI Education Regulations set minimum pharmacy-education standards; as a special Act the Pharmacy Act prevails over AICTE, so PCI alone regulates recognition of pharmacy degrees and diplomas (PCI v. Toshniwal). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2017 to 2020.
How do I find court cases under Section 10 of the Pharmacy Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pharmacy Act 1948 10, section 10 Pharmacy Act 1948, section 10 of the Pharmacy Act. People searching for it also type pharmacy act 1948 section 10. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy (05 Mar 2020).
What should I read with Section 10 of the Pharmacy Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 11: most recently Pharmacy Practice Regulations, 2015 (2015), then Minimum Qualification for Teachers in Pharmacy Institutions Regulations, 2014 (2014), and 9 more.
When did Section 10 of the Pharmacy Act come into force?
Section 10 of the Pharmacy Act, cited as Pharmacy Act 1948 10, came into force on 04 Mar 1948, having been enacted on 04 Mar 1948. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.