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[2026:RJ-JP:13340]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8953/2025

Vishnu Dutt Sharma S/o Shri Bhounri Lal Sharma (Senior Citizen), Aged About 77 Years, Resident Of B-18, Sunder Vihar, Swej Farm, Ram Nagar Extension, Sodala, Post Office Shyam

Nagar, Jaipur-302019 ----Petitioner

Versus

1. State Of Rajasthan, Through Its Additional Chief Secretary, Medical, Health And Family Welfare

Department, Secretariat, Jaipur 302005.

2. Commissioner , Food Safety And Drug Control, Swasthya Bhawan, Tilak Nagar, Jaipur.

3. Rajasthan Pharmacy Council, Through Its Registrar, Government Dispensary Campus, Sardar Patel Marg, Bias

Godam Circle, Jaipur-302001.

4. Pharmacy Council Of India, Through Its President, I-300, 3Rd Floor, Tower-1, World Trade Centre, Nauroji Nagar,

New Delhi-110029.

5. President, Rajasthan Pharmacy Council, Government Dispensary Campus, Sardar Patel Marg, Bias Godam

Circle, Jaipur-302001 ----Respondents

For Petitioner(s) : Mr. R.C. Gautam Mr. Lokesh Mishra

For Respondent(s) : Mr. Mohd. Ashfaq Khan Ms. Rekha Jain

Mr. Ashish Surollia for respondent No.3

Mr. Amrit Kumar Surollia for respondent No.5

Mr. Archit Bohra, AGC for State

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

30/03/2026

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[2026:RJ-JP:13340] (2 of 3) [CW-8953/2025] 1. The petitioner has filed the instant writ petition with the

following prayers:-

“(a) Issue an appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, thereby restraining and prohibiting who are employed full-time with the State or Central Government from contesting elections to any post of elected member of the Rajasthan State

Pharmacy Council;

(b) Direct the respondents to frame appropriate guidelines or rules ensuring that only independent registered pharmacists not holding full-time government employment are eligible to contest and hold elected

posts in the Council;

(c) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances

of the case.”

2. The learned counsel appearing for the respondents states that there is no specific provision as regards restraining the Pharmacist, who are in the government employment, to be the

members of the Pharmacy Council and its Executive Body.

3. Mr. Archit Bohra, Additional Government Counsel, submits that the respondent State may be allowed some time to take a decision on the issue raised in the present writ petition and

if required, then to make necessary amendment in law.

4. Heard and considered.

5. In view of the issue raised in the present writ petition and there being no specific provision in the statute, as regards the membership of the Pharmacist, who are in government employment or any restrainment, the Court feels that it would be just and proper to allow some time to the State authority to take a

concrete decision on the issue raised in the present writ petition.

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[2026:RJ-JP:13340] (3 of 3) [CW-8953/2025] 6. Accordingly, the present writ petition is disposed of with liberty to the petitioner to make a comprehensive representation to the respondent No.1, who, after due process of law, shall consider and address the issue raised in the present writ petition and shall decide the representation of the petitioner by a reasoned

and speaking order.

7. In case, the decision of the representation or any proceedings, on that issue, goes adverse to any of the party, they may avail appropriate remedy available to them under law against

such decision.

8. The stay application and pending application(s), if any,

also stand(s) disposed of.

(GANESH RAM MEENA),J

ARTI SHARMA /300

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