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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Ravi Bhushan Puri – Appellant
Versus
Union Of India & Ors. – Respondents
S.B. Civil Writ Petition No. 4231/2021
Decided On : 20-10-2022
Pharmacy Council of India - Challenge to refusal to accept nomination - Pharmacy Act, 1948, Section 3(g), Section 32(1)(a) - The court set aside the communications dated 27.11.2020, 04.12.2020, and 04.06.2021 and directed the petitioner to be inducted in the Central Council-Pharmacy Council of India as a representative of the Rajasthan Pharmacy Council. The respondent-Pharmacy Council of India was directed to issue the necessary notification within four weeks from the date of receipt of the court's order.
Fact of the Case:
The petitioner, a registered Pharmacist with the Rajasthan Pharmacy Council, challenged the refusal of the Pharmacy Council of India to accept his nomination as a representative of the Rajasthan Pharmacy Council in the Central Council-Pharmacy Council of India under Section 3(g) of the Pharmacy Act, 1948.
Finding of the Court:
The court found that the petitioner was duly registered as a Pharmacist and his name was entered in the register maintained by the Rajasthan Pharmacy Council. The court also noted that the petitioner had almost lost two years of his term due to the refusal of the Pharmacy Council of India to accept his nomination.
Issues: The core issue was the power of the Pharmacy Council of India to refuse to accept a member of a State Pharmacy Council who is duly elected and a registered Pharmacist. The court also considered the eligibility and qualification of the petitioner for registration as a Pharmacist.
Ratio Decidendi: The court held that the refusal to accept the petitioner's nomination would be in violation of the composition of the Central Council and against the democratic right given to the State Pharmacy Council to elect its own member. The court also emphasized that the power to question the eligibility or qualification of a person can be exercised in a manner prescribed under the provisions of the Act of 1948.
Final Decision: The court set aside the impugned communications and directed the petitioner to be inducted in the Central Council-Pharmacy Council of India as a representative of the Rajasthan Pharmacy Council. The respondent-Pharmacy Council of India was directed to issue the necessary notification within four weeks from the date of receipt of the court's order.
JUDGMENT
1. REPORTABLE This writ petition has been filed by the petitioner challenging the communications/letters dated 27.11.2020 (wrongly typed as 27.11.2019 in the writ petition), 04.12.2020 and 04.06.2021 whereby the respondent-Pharmacy Council of India has not accepted the nomination of the petitioner to represent the (D.B. SAW/430/2021 has been filed in this matter. Please refer the same for further orders) Rajasthan Pharmacy Council in the Central Council-Pharmacy Council of India.
2. The petitioner also prays for issuing a Notification notifying that the petitioner is a representative of the Rajasthan Pharmacy Council to represent in Pharmacy Council of India under Section 3(g) of the Pharmacy Act, 1948 (hereinafter referred to as "the Act of 1948").
3. The facts, in nutshell, as pleaded in the writ petition are that the petitioner is a registered Pharmacist with the Rajasthan Pharmacy Council in terms of Section 32(1)(a) of the Act of 1948 having registration No.7895 dated 31.07.1986. The petitioner is having the membership of the Rajasthan Pharmacy Council from 1987 to 31.12.2027, except for the period from 2008 to 2013. The petitioner also remained Vice President of the Rajasthan Pharmacy Council from 1987 to 1991 and thereafter elected as President, Rajasthan Pharmacy Council from 1991 to 1997 and further the petitioner remained President of the Rajasthan Chemists Association since 1984.
4. The petitioner has pleaded in the writ petition that the Act of 1948 under Chapter-II Section 3 provides for constitution and composition of Central Council known as the Pharmacy Council of India and as per Section 3(g) of the Act of 1948 each State Pharmacy Council has to elect one member (from amongst themselves), who shall be a registered Pharmacist, as its representative in the Pharmacy Council of India.
(D.B. SAW/430/2021 has been filed in this matter. Please refer the same for further orders)
5. The petitioner has pleaded that one incumbent-Mr.Ajay Phatak who had a term of five years ceased to be a member of the Rajasthan Pharmacy Council on 20.07.2019 and as such, in his place, new member was to be elected to represent the Rajasthan Pharmacy Council in the Pharmacy Council of India.
6. The petitioner has pleaded that General Body meeting of the Rajasthan Pharmacy Council was held on 29.07.2020 and in the said meeting, the petitioner was elected to represent the Rajasthan Pharmacy Council in the Pharmacy Council of India and accordingly, due intimation was given to the Secretary, Pharmacy Council of India by letter dated 29.07.2020 regarding election of the petitioner as Member, Pharmacy Council of India to represent the Rajasthan Pharmacy Council. The petitioner has pleaded that on the same day i.e. 29.07.2020, the Rajasthan Pharmacy Council also informed the Pharmacy Council of India to provide all privileges to the petitioner in place of the earlier incumbent Mr.Ajay Phatak.
7. The petitioner has pleaded that the Pharmacy Council of India sent a letter dated 30.07.2020 to the Registrar, Rajasthan Pharmacy Council and asked them to forward the pharmacy registration certificate and qualification certificate of the petitioner and in response thereto, the Registrar, Rajasthan Pharmacy Council vide letter dated 04.08.2020, forwarded the desired documents.
8. The petitioner has pleaded that in spite of sending the letter dated 04.08.2020 by the Rajasthan Pharmacy Council, when the (D.B. SAW/430/2021 has been filed in this matter. Please refer the same for further orders) name of the petitioner did not find place as representative of the Rajasthan Pharmacy Council, the Registrar, Rajasthan Pharmacy Council vide letter dated 25.08.2020 requested the Pharmacy Council of India to notify the name of the petitioner as Member under Section 3(g) of the Act of 1948 without further delay.
9. The petitioner has pleaded that the respondent-Pharmacy Council of India instead of notifying the name of the petitioner as representative of the Rajasthan
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