LAWS(GJH)-2010-5-153

GAUTAM R JASWANI Vs. REGISTERAR

Decided On May 12, 2010
GAUTAM R. JASWANI Appellant
V/S
REGISTERAR Respondents

JUDGEMENT

(1.) These appeals arise out of a common judgment and order dated 29th July, 2008 passed by the learned Single Judge in Special Civil Application No. 22100 of 2007 and connected petitions.?

(2.) All the appellants claim to be repatriates within the meaning of Sec. 32B of the Pharmacy Act, 1948. They seek benefit of registration of pharmacy in their favour in terms of the said provisions. The learned Single Judge, however, by the impugned judgment, held that the appellants are not 'displaced persons' within scope of explanation to clause (c) of Sec. 32B(1) of the Pharmacy Act since they had not migrated between 14th April, 1957 and 25th March, 1971. On this ground, the learned Judge was of the opinion that the appellants cannot get the benefit of Sec. 32B of the Pharmacy Act.

(3.) We have heard learned Counsel Shri Omparkash Bajaj for the appellants, learned Counsel Mr. Rituraj Meena for the Union of India and Mr. Nanavati for the Pharmacy Council and the learned A.G.P. Ms. Shah for the State Authorities.