Citation : 2022 Latest Caselaw 8081 P&H
Judgement Date : 29 July, 2022
102.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP-16435-2022
Date of Decision: 29.07.2022
SAKIB .... Petitioner
Versus
STATE OF HARYANA AND OTHERS .... Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Afjal Hussain, Advocate,
for the petitioner.
----
JAISHREE THAKUR.J (Oral)
The petitioner has approached this Court by way of filing the
present writ petition seeking a writ in the nature of mandamus to be issued to
respondent No.4 to enter the name of the petitioner in the register of Haryana
State Pharmacy Council and to issue him licence.
Learned counsel for the petitioner would contend that the
petitioner has done Bachelor of Pharmacy from Sun Rise University, Tehsil
Ramgarh Alwar (Rajasthan) under Rajasthan University which is recognized
by the Pharmacy Council of India. It is submitted that the petitioner has
deposited all the documents and paid the prescribed fees for registration, but
till date nothing has been done by the Council. It is further submitted that on
similar set of facts, this Court in Sajid Khan and another Vs. State of
Haryana and others, CWP No.1881 of 2022, decided on 03.02.2022 and in
Warish Vs. State of Haryana, CWP No.21604 of 2021, decided on
27.10.2021, has permitted the petitioners therein to submit the requisite fee
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through demand draft as well as the affidavit giving details of the institutions
where the petitioners therein had studied and acquired the pharmacy degree
and directed the respondents therein to register them on the roll of the
Council and to issue necessary certificates, in case their degrees were found
to be genuine.
Learned counsel for the petitioner would submit that the
petitioner has submitted representation dated 21.01.2022 (Annexure P-7) to
the Registrar, Haryana State Pharmacy Council i.e. respondent No.4
ventilating his grievance but no action has been taken thereon so far. He
would submit that at this stage, the petitioner would be satisfied in case his
said representation is decided, in a time bound manner, in terms of the
judgments passed by this Court in Sajid Khan and Waris's cases (supra).
Notice of motion.
At this stage, Ms. Kirti Singh, DAG, Haryana and Mr. Pritam
Singh Saini, Advocate, who are present in Court, accept notice on behalf of
respondent No.1 as well as respondents No.2 to 4 respectively. Learned
counsel appearing for respondents No.2 to 4 submits that respondent No.4
will look into the matter and take a decision in accordance with law.
Let sufficient number of copies of the complete paper book be
supplied the counsel appearing for the respondents during the course of day.
Without commenting on merits of the case, I dispose of the
instant petition by directing respondent No.4 to consider the representation
dated 21.01.2022 (Annexure P-7) of the petitioner, and take a decision
thereon, in terms of judgments passed by this Court in the cases of Sajid
Khan and Waris (supra), within a period of six weeks from the date of
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receipt of certified copy of this order and convey the result thereof to the
petitioner, failing which, the officer responsible for the lapse would be liable
to deposit costs of Rs.20,000/- from his personal pocket with the Punjab and
Haryana High Court Advocates Welfare Fund.
(JAISHREE THAKUR) JUDGE 29.07.2022 sanjeev Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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