Prompt consideration of pending registration applications and timely registration of eligible applicants to prevent deprivation of job opportunities.

ORDER :

1. Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel for the Bihar Technical Service Commission.

2. Learned counsel for the petitioners prays for adding Bihar State Pharmacy Council, B.N. Das Road, P.S.-Pirbahore, District – Patna and Incharge Secretary, Bihar Technical Service Commission, Patna as party respondent nos. 5 and 6. He is allowed to do so.

3. Learned counsel for the State accepts notice for respondent no. 5.

4. Mr. Nikesh Kumar, learned counsel for the Bihar Technical Service Commission has been served with a copy of the writ application today and he accepts the same.

5. It is stated the Director-in-Chief (Health Services) who is the President of the Council and the State Drug Controller-cum-Registrar of the Council are respondent no. 3 and 4.

6. Interlocutory application has been filed for adding interveners as petitioners, however, learned counsel for the petitioners seeks permission to withdraw the interlocutory application.

7. Permission is granted.

8. Petitioners in the present case are seeking the following reliefs:-

“(i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authority to make registration of the petitioners as Pharmacist, as they have already submitted the required documents in the office of respondent No. 3 and 4 but the same is pending for a year whereas an incorrect statement has been given by the state govt. in C.W.J.C. No. 20704/2021 that Bihar State Pharmacy Council is running smoothly after interim arrangement made by the government nominating Respondent No. 3 and 4 as President and Registrar of Bihar State Pharmacy Council but from last December 2021, the petitioners are waiting for their registration meanwhile an advertisement has been issued vide Advertisement No. 04/2023 for submitting the application for appointment to the post of Pharmacist only by the registered Pharmacist so due to latches on the part of respondents the petitioners will be deprived to participate in process of selection in view of Advertisement No. 04/2023.

(ii) For issuance of any other relief/reliefs which is essential in the eye of law in the facts and circumstances of this case as well as for interest of justice.”

9. It is the case of the petitioners that they have applied for their registration with the Bihar State Pharmacy Council, Patna as Pharmacist. It is stated that their applications for registration together with the requisite fee have been kept pending for last several months for no plausible rhyme or reason.

10. It is stated that earlier in a Public Interest Litigation a complaint was made to this Court in CWJC No. 20704/2021 regarding the functioning of the Council but in the said case the State Government came out with an affidavit that the council is functioning smoothly, but the fact is that from December 2021 no registration has taken place. This, according to learned counsel, amounts to misleading the court.

11. It is submitted that at this stage the Bihar Technical Service Commission has come out with an advertisement no. 05/2023 wherein altogether 1539 posts of Pharmacists have been notified. These vacancies have been notified after about 27 years.

12. Learned counsel submits that according to the advertisement only such eligible candidates who are registered with the Council may apply. It is submitted that if the petitioners do not get their registration, they cannot apply under the advertisement.

13. Learned counsel has prayed for two fold reliefs. It is submitted that either the council acts swiftly and consider the applications for registration within a period of two weeks from today and provide registration number to the petitioners or the Bihar Technical Services Commission be directed to accept the application of the petitioners subject to the decision of the Council with regard to the registration.

14. Learned counsel for the State submits that at this stage he has no instruction but in case