Pharmacy Council Of India vs Ravi Bhushan Puri S/O Sh. Rajendra ...
2021 Latest Caselaw 2990 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 430/2021

Pharmacy    Council     Of     India,      Through         Its   Registrar-Cum-
Secretary, Nbcc Center, 3Rd Floor, Plot No. 2, Community Center,
Maa Anandmai Marg, Okhla Phase-I, New Delhi-110020.
                                                                    ----Appellant
                                   Versus
1.     Ravi Bhushan Puri S/o Sh. Rajendra Pal Puri, Aged About
       80 Years, R/o 60/182, New Sanganer Road, Mansarovar
       Jaipur.
2.     Union Of India, Through Its Secretary, Health Department
       (Ministry Of Health And Family Welfare) Nirman Bhawan,
       New Delhi.
3.     Rajasthan    Pharmacy          Council,       Through       Its   Registrar,
       Government Dispensary Campus, Sardar Patel Marg,
       Jaipur.
                                                                 ----Respondents

For Appellant(s) : Mr. R.D. Rastogi, ASG assisted by Mr. Akshay Bhardwaj & Ms Anuradha Upadhyay (Through video conferencing) For Respondent(s) : Mr. R.K. Mathur, Senior Advocate assisted by Mr. Kritin Sharma

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

16/07/2021

This intra-Court appeal is directed against the interim order

dated 7.4.21 passed by the learned Single Judge of this Court in

the writ petition preferred by the respondent-writ petitioner,

assailing the action of the appellant herein, in not permitting him

to participate in the meeting of Pharmacy Council of India, as a

(2 of 4) [SAW-430/2021]

representative of Rajasthan Pharmacy Council, under the

provisions of Section 3(g) of the Pharmacy Act, 1948.

It is noticed that the meeting of Pharmacy Council of India

was scheduled on 7.4.21 at 10.30 am. On the request being made

by the counsel for the writ petitioner, the matter was taken up for

consideration by the learned Single Judge.

The learned Single Judge prima facie opined that the

Pharmacy Council of India is acting arbitrarily in not permitting the

writ petitioner to participate in the meeting. Accordingly, by way of

interim order, the respondent-writ petitioner was allowed to

participate in the meeting of Pharmacy Council of India scheduled

to be held on the same day.

However, during the course of hearing, the counsel for the

Pharmacy Council of India brought it to the notice of the Court

that as a matter of fact, the meeting was already over.

Taking into consideration the statement made on behalf of

the counsel for the Pharmacy Council of India, learned Single

Judge passed the interim order in the following terms :

"Keeping in view aforesaid facts, prima facie this Court is of the view that the petitioner has been wrongly prevented from participating in the Annual General Meeting of the Pharmacy Council of India held today and accordingly the interim order has been passed holding the Minutes of the meeting already held in the morning as redundant. The said Minutes shall not be read for any purposes. The Pharmacy Council is directed to hold a fresh meeting of AGM while allowing the petitioner to participate."

The legality of the order passed by the learned Single as

aforesaid, is questioned by the appellant-Pharmacy Council of

India on various grounds.

(3 of 4) [SAW-430/2021]

On 26.5.21, this Court while adjourning the matter, passed

an interim order staying the operation of the order under appeal.

It is pertinent to note that in the writ petition pending, the

parties have filed their pleadings and the matter is yet to be

considered by the learned Single Judge. A bare perusal of the

order dated 7.4.21 reveals that the stay petition has also not been

decided by the learned Single Judge.

Learned counsel appearing for the writ petitioner fairly

submits that while passing the interim order, it was not necessary

to make an order holding the minutes of the meeting of Pharmacy

Council of India redundant. However, learned counsel submits that

the interim order passed by this Court prima facie considering the

petitioner's entitlement to participate in the meeting of the

Pharmacy Council of India and in other affairs, as a representative

of Rajasthan Pharmacy Council should be maintained.

We are of the considered opinion that since the matter is still

pending before the learned Single Judge regarding petitioner's

eligibility to participate in the meeting of Pharmacy Council of

India as a representative of Rajasthan Pharmacy Council and the

stay petition has also not been disposed of till this date, it is

always open for the parties to make an appropriate prayer before

the learned Single Judge for modification of the interim order.

We request the learned Single Judge to consider and decide

the writ petition/stay petition expeditiously. The interim order

passed by this Court dated 26.5.21 shall remain operative till the

disposal of the writ petition/stay petition by the learned Single

Judge.

The intra-Court appeal stands disposed of accordingly.

(4 of 4) [SAW-430/2021]

The respondent-writ petitioner has preferred an application

for modification of the prayer in the writ petition.

Since, the writ petition is pending consideration before the

learned Single Judge, obviously, the matter with regard to

modification of the prayer is required to be gone into by the

learned Single Judge. It will be open for the writ petitioner to

make an appropriate application seeking leave to amend the

petition before the learned Single Judge.

(MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J

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