Vishwajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6101 of 2024 ====================================================== 1.
Vishwajit Kumar S/o Parshuram Prasad, Resident of Village- Bhutauli Malpa, P.S. - Chautham, District- Khagaria.
2.
Sanjiv Kumar, S/o Ashok Mahto, Resident of village- Khandpar, Ward No. - 3, P.S. - Sheikhpura, District - Sheikhpura.
3.
Satish Kumar Singh, S/o Rama Shankar Singh, Resident of VillageMirchawan, P.S. - Bhabua, District- Kaimur (Bhabua). 4.
Mohan Kumar Das, S/o Devnandan Das, Resident of Village - Beta Parsa, P.S. - Harlakhi, District- Madhubani.
5.
Gautam Kumar, S/o Shankar Paswan, Resident of Village- Khajuriya, P.S. - Dharhara, District- Munger.
6.
Nitish Kumar, S/o Mukesh Kumar Yadav, Resident of Village- Kolgama, P.S. - Sultanganj, District - Bhagalpur.
7.
Nitu Kumari, W/o Jayesh Kumar, Resident of at P.O. - Jalalpur, P.S. - Patori, District - Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Health Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Health Department, Government of Bihar, Patna.
3.
The Director in Chief, (Health Services) Government of Bihar, Patna-cumPresident, Bihar State Pharmacy Council, B.M. Das Road, P.S. - Pirbahore, District - Patna.
4.
The State Drug Controller Bihar, Health Department -cum-Registrar, Bihar State Pharmacy Council, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :
Mr. S. D. Yadav, GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2024 1.
The present writ petition has been filed seeking the following relief:- "(i) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the
Patna High Court CWJC No.6101 of 2024(2) dt.25-04-2024 2/3 respondent to make registration of the petitioners have pharmacist as they have already submitted the required documents in the office of Respondent No.3 & 4 but the same is pending for more than year without assigning any reason, as due to non-registration as Pharmacist by the Respondent, the petitioners are neither in the eye of law a Pharmacist not eligible to apply for the post of pharmacist, though the identical issued has been decided in C.W.J.C. No. 1672 of 2023 order dated 13.04.2023. (ii) For a direction to the Respondent No. 3 and 4 to give effect to the letter contained in memo No.437(i) dated 22.06.2022 by which the Health Department has decided to make registration to the pharmacy students through online mode but till date online registration has not started."
2.
At the outset, the learned counsel for the parties are in agreement that the present writ petition can be disposed off, in terms of the order dated 13.4.2023, passed by a co-ordinate Bench of this Court in CWJC No.1672 of 2023 (Kumar Chanchal & Ors. vs. the State of Bihar & Ors.). 3.
Having regard to the agreement arrived at between the parties, I deem it fit and proper to dispose off the present writ petition in terms of the judgment rendered in the case of Kumar Chanchal & Ors. (supra). Consequently, the respondent no.3, i.e. the Bihar State Pharmacy Council shall be
Patna High Court CWJC No.6101 of 2024(2) dt.25-04-2024 3/3 obliged to consider the application of the petitioners for registration as pharmacist, forthwith.
4.
Accordingly, the writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) kanchan/- U