2025:CGHC:57905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR (Order reserved on 04/09/2025) (Order delivered on28/11/2025)

WPC No. 3846 of 2025 Devendra Kumar Soni @ Devendra Soni S/o Shri Prabhakar Soni Aged About 46 Years R/o Vill Sambalpur, Tehsil Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh ... Petitioner versus

1 - The State of Chhattisgarh Through Its Secretary, Department of Health And Family Welfare, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh

2 - The State of Chhattisgarh Through The Deputy Director, Food And Drug Administration, District Uttar Bastar Kanker (C.G.)

3 - The Registrar Chhattisgarh State Pharmacy Council, House No. 40 Anand Nagar, Raipur District Raipur, Chhattisgarh

4 - The Secretary Chhattisgarh Board of Secondary Education Raipur, Chhattisgarh

5 - The Drugs Licensing Authority Food And Drugs Administration, District Uttar Bastar Kanker, Chhattisgarh ... Respondents For Petitioner : Mr. Siddharth Pandey, Advocate For State/ Respondents No.1, 2 & 5 : Ms. Upasana Mehta, Dy. GA For Respondent No.3 : Mr. Vaibhav A. Goverdhan, Advocate For Respondent No.4 : None, though served ASHUTOSH MISHRA ASHUTOSH MISHRA Date: 2025.11.28 Hon'ble Shri Justice Arvind Kumar Verma

CAV Order

Heard.

1. The petitioner has approached this Court praying for quashment of the orders dated 22.04.2025 (Annexure P-1), whereby the representation made by the petitioner in compliance of the order dated 03/03/2025 passed by this Court in WPC No.1129 of 2025 has been rejected.

2. The brief facts of the case are that the petitioner completed his 10th in March 1996 from Madhyamik Shiksha Mandal, Bhopal vide Annexure P/2 and 12th in 2013-14 from Board of School & Technical Education (C.G.) (Annexure P/3). Thereafter he completed Diploma in Pharmacy from Swami Vivekanand University, Sagar (M.P.) during 2014-15 and 2015-16 vide Annexure P/4. On the basis of the said qualifications, the answering respondent (Respondent No. 3 – Chhattisgarh State Pharmacy Council) registered the petitioner as a Pharmacist on 08.11.2019. The petitioner claims that since then he has been running a medical shop under the name M/s Soni Medical Store, Bhanupratappur. Suddenly on 24.06.2022, Respondent No. 3 issued a show-cause notice to the petitioner on the ground that the Board of School & Technical Education, C.G. is not an approved Board and therefore his 12th mark- sheet was invalid, making his registration untenable. According to Respondent No. 3, the petitioner did not reply to the show-cause notice and therefore his registration was cancelled on 06.07.2022. The petitioner thereafter tried to cure the defect by passing 12th from Chhattisgarh State Open School in 2023, and applied for re-registration. The same was rejected on 15.10.2024 Annexure P/13. Aggrieved thereby, the petitioner filed WPC No. 1129/2025, which was disposed of on 03.03.2025 (Annexure P/14), directing him to file a detailed representation, which was to be decided by Respondent No. 3 within 30 days. Pursuant to the direction, the petitioner made a fresh representation; however, the same was rejected by order 22.04.2025 (Annexure P/1). Hence this petition.

3. Learned counsel for the petitioner would contend that the petitioner possessed all requisite qualifications at the time of registration. He would next contend that once registration was granted in 2019, the same could not be cancelled after several years. He would next contend that the subsequent passing of 12th from Chhattisgarh State Open School in 2023 removes any alleged defects. He would next contend that the Board of School & Technical Education (C.G.) was granted temporary equivalence earlier; therefore his 12th should not be invalidated. He would lastly contend that the rejection of representation dated 22.04.2025 (Annexure P/1) is mechanical, non-speaking and arbitrary, therefore, the same deserves to be set aside and the instant petition may be allowed.

4. Per contra, learned counsel for the State w