KARNATAKA PHARMACY TEACHERS ASSOCIATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved by the nominations made by the Government as at Annexure-L to the petition by which it has constituted the Board of Examiners in exercise of its power under Regulations 8 to 10 read with Section 12 of the Education Regulations, 1972 framed under the Pharmacy Act of India inter alia contending that the Government has accepted the recommendations made by the 4th respondent with the mala fide intentions of putting his own persons in office contrary to the decisions of the General Body when the Director-Ex-of- ficio Chairman was on leave and he was acting only in officiating capacity. Despite the Additional Drugs Controller, drawing atten- tion of the Government to that fact by his letter dated 27-8-1987, it is contended, the impugned order is made. It is also alleged that there are no guide-lines in the Act or the Regulations in the matter of constituting the examining authority.

(2.) Beyond the assertions made by the petitioner, there is no prima facie evidence that the 4th respondent has or had any motivation either for putting his own persons on the Board of examining authority or is there any allegation against the Government of any mala fide act legal or otherwise. The fact that the letter of the Additional Drugs Controller has been disregarded by the Government in making the nominations is indicative that the Government found the recommendations to be reasonable and capable of acceptance.

(3.) It will not be open to persons to attack each and every nomination made by the Government under the cover of allegations of malafides and those allegations are not supported by any prima facie material that establishes or points to the truth of the allegations. Vague and general allegations are not to be countenanced by the Court and an investigation taken up only to satisfy the curiosity of some litigants. Unless some legal prohibition is pointed out for nominating the members who are to be found in the Examination Committees constituted under Annexure-L or that any of them is disqualified to hold that office, the nominations cannot be assailed.