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2010 Supreme(Ker) 130

P.R.RAMAN, C.N.RAMACHANDRAN NAIR
K. C. Ajith Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared: For the Appellant :K.P. Dandapani, Senior Advocate, A. Rajasimhan, Advocate. For the Respondents: R1 & R3, Smt. K. Meera, Govt. Pleader, R2, P.B. Sahasranaman, K. Jagadeesh, T.S. Harikumar, Government Pleader, R4 to 6,
S.P. Aravindakshan, Pillay, Smt. N. Santha, Sri. Peter Jose Christo, S.A. Anand, R7 to R10, Sooraj T. Elenjickal, Advocates.

Judgment :-

Ramachandran Nair, J.

Writ Appeal is filed against judgment of the learned Single Judge upholding Ext.P3 Notification issued by the Government canceling the nomination of the appellant to the Kerala State Pharmacy Council under Section 19(b) of the Pharmacy Act, 1948 (Hereinafter called “the Act”). We have heard Senior Counsel Sri. K.P. Dandapani appearing for the appellant, Government Pleader appearing for the State Government, Sri. P.B. Sahasranaman, counsel appearing for the State Pharmacy Council, Adv. Sri.

S.P. Aravindakshan Pillai, appearing for respondents 4 to 6 and Adv. Sri. Suraj appearing for respondents 7 to 9.

2. The facts leading to the controversy are the following. The appellant while working as a Pharmacist in the Government Hospital, Thalassery was nominated by the Government as a member of the Kerala State Pharmacy Council, second respondent herein, under Section 19(b) of the Act. His nomination was notified vide Ext.P1 on 22.6.2007. Later under Section 23 of the Act, the State Council elected the appellant as it’s President on 27.7.2007 vide Ext.P2 resolution. On 24.1.2009 the Government proposed to appoint one Mr. M.K. Unnikrishna Panicker as Registr













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