Rishabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11809 of 2023 ====================================================== 1.

Rishabh Kumar Son of Bhubaneshwar Dubey, Resident of Village- Lohandi, P.S.- Sabar, District - Kaimur (Bhabua).

2.

Pawan Kumar Sah, Son of Rameshwar Sah, Resident of Village- Mundipur, P.S. Bhagwanpur Hat, District - Siwan.

3.

Hari Shankar Sharma, Son of Shyam Kishor Roy, Resident of VillageLadaura, P.S. Kalyanpur, District - Samastipur. 4.

Kumar Manas Raj, Son of Ajay Kumar, Resident of Village- Silao, P.S. - Silao, District - Nalanda.

5.

Birendra Kumar, Son of Pratap Prasad, Resident of Village- Banahi, P.S. - Mohanpur, District - Gaya.

6.

Chandni, Daughter of Ram Bahadur, Resident of Village- Maida Babhangama, P.S. Virpur, District- Begusarai. 7.

Akhilesh Kumar, Son of Rambriksh Prasad, Resident of VillagePadumchak, P.S. - Barachatti, District - Gaya. 8.

Ashutosh Kumar Sharma, Son of Ram Lakhan Thakur, Resident of Mohalla - Magadh Colony, Road No. 19, P.S. - Magadh Medical, District - Gaya. 9.

Arjun Mandal, Son of Lakshmi Mandal, Resident of Village - Belhi, P.S. Barhara, District - Supaul.

10.

Mukesh Kumar, Son of Virendra Prasad, Resident of Village- Padumchak, P.S. Barachatti, District - Gaya.

11.

Ajay Kumar, Son of Surendra Mistri, Resident of Village- Jondhi, P.S. - Banke Bazar, District - Gaya.

12.

Md. Aftab Hussain, Son of Md. Afzal Hussain, Resident of Village- Laufa, P.S. Lakhanour, District - Madhubani.

13.

Altaf Raja, Son of Shahid Ansari, Resident of Village- Daur Chhapra, P.S. - Amnour, District- Saran.

14.

Shekhar Kumar, Son of Shri Krishna Kumar, Resident of Village- Sasaram, P.S. - Sasaram, District - Rohtas (Sasaram).

15.

Khushi Singh, Daughter of Satish Kumar Singh, Resident of Village- Chhoti Khanjarpur, P.S. - Jagdishpur, District - Bhagalpur. 16.

Ankit Kumar Kushwaha @ Ankit Kumar, Son of Prabhu Nath Prasad, Resident of Village- Pakri Bangali, P.O. - Gaushala Road Siwan, District - Siwan.

17.

Ravi Kumar, Son of Suresh Kumar Singh, Resident of Village- Jamuhar, P.S. - Jamuhar, District - Rohtas.

18.

Shweta Kumari, Daughter of Birendra Kumar Singh, Resident of VillageBasuhara, P.O. - Basuhara, District - Rohtas. 19.

Om Satyam, Son of Sanjay Kumar Singh, Resident of Mohalla - Gautam Nagar, Gangjala Ward No. 12, P.S. - Saharsa, District - Saharsa. 20.

Deepak Kumar, Son of Shailendra Gupta, Resident of Mohalla- Badhiyabag Ward No. 1, P.S. Sasaram, District - Rohtas.

2/4 21.

Pranav Kishore Prasad Singh, Son of Late Awadh Kishor Prasad Singh, Resident of Mohalla - Nirala Nagar, Ratanpur, Ward No. 21, P.S. - Begusarai Sadar, District - Begusarai.

22.

Ajit Kumar, Son of Upendra Kumar, Resident of Village- Binodpur, P.O. - Cheria Bariarpur, District - Begusarai.

23.

Gaurav Kumar, Son of Bimal Kumar Yadav, Resident of Mohalla - Naya Tola, Ward No. 10, Purani Bazar, P.S. - Lakhisarai, District- Lakhisarai. ... ... 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. - Pirbahor, District - Patna.

4.

The State Drug Controller, Health Department, Government of Bihar, Patna. 5.

The Registrar, Bihar State Pharmacy Council, B.N. Das Road, P.S. - Pirbahor, District - Patna.

6.

The In-charge Secretary, Bihar Technical Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Adv.

For the State :

Mr. Ramadhar Singh, GP-25 Mr. Anirudh Kumar Singh, AC to GP-25 For the Resp. No. 3 & 5 :

Mr. S.D. Yadav, Adv.

For the B.T.S.C.

:

Mr. Nikesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 15-12-2023 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following reliefs:- "(i) For issuance of appropriate writ(s) in the nature of Mandamus commanding upon the respondent authorities to register the petitioners as Pharmacist, at Bihar State Pharmacy Council, as provided under the

3/4 Pharmacy Act, 1948, as they have already submitted the required documents before the office of Respondent No. 5, the Registrar, Bihar State Pharmacy Council, Patna."

3. Learned counsel for the petitioner has stated that point the petitioner is making an application for registering them as Pharmacist. The Respondent Nos. 3 and 5 are not taking any steps to dispose of their application.

4. Therefore, learned counsel for the petitioner has stated that the directions may be issued to the Respondent Nos. 3 and 5 to consider the application made by the petitioner and register the petitions as Pharmacist.

5. Per contra, the learned counsel for the respondents has stated that the authorities concerned will pass necessary orders strictly in accordance with law after verification of the application made by the petitioner in case a direction is given by this Hon'ble Court.

6. Having regard to the above made submissions, without going into the merits and demerits of the case, the present writ petition is disposed of directing the Respondent Nos. 3 and 5 to consider the applications made by the petitioner in accordance with law and pass necessary orders for registering them as Pharmacist. The entire exercise shall be

4/4 completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of the copy of this order.

7. With the above said directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U