M V V SATYANARAYANA Vs. GOVERNMENT OF A P REP BY PRINCIPAL SECRETARY HEALTH MEDICAL AND FAMILY WELFARE

JUDGEMENT

(1.) Heard Senior Counsel Sri P. Gangaiah Naidu for the petitioner, Additional Advocate General and Government Pleader for Medical and Health for respondent No. 1 and Sri Ch. Dhanamjay for 2nd respondent and Sri Ravindranath Reddy for 3rd respondent. The petitioner worked as Deputy Secretary to Government in Health, Medical and Family Welfare Department and retired from service. Before his retirement, he made a representation dated 31.1.2011, to appoint him as Registrar of A.P. Pharmacy Council (for short 'the Council'). Based on his representation and also consequent to the resignation of one Sri B. Yethirajam, who was working as Registrar of the Council, by G.O. Rt. No. 359, Health Medical and Family Welfare (L.2) Department, dated 17.02.2011, the Government appointed the petitioner as Registrar of the Council for a period of six months with effect from the date of issue of the order. The said term, as per the G.O., came to be expired on 16.8.2011. The case of the petitioner is that elections were conducted by the Council and State Council has been formed vide G.O.Ms. No. 8 HM & W Dept dated 10.1.2011. The said Council, elected one Annapareddy Vijay Bhaskar Reddy as President and also other office bearers such as Vice-President and Members and the same was informed to the 1st respondent - Government by letter dated 6.4.2011. As the term of the petitioner was expiring by 16.8.2011, the State Council passed a resolution on 23.7.2011 to extend his tenure by another six months as Registrar of the Council from 17.8.2011 to 17.2.2012. The extension was made, in exercise of the power conferred under Rule 110 of A.P. Pharmacy Rules, 1955 (for short 'the Rules') and the same was informed to the 1st respondent -Government, by letter dated 1.9.2011 and the same is impliedly accepted by the Government and as such, he is continuing as Registrar as on the date of the filing of the writ petition. While so, the Government issued G.O.Ms. No. 2010 HM & W Department dated 3.12.2011, appointing the 3rd respondent, who is working as Assistant Director, Drugs, Control Admn., as In-Charge Registrar of the Council. Aggrieved by the same, the present writ petition is filed.

(2.) Counter affidavit is filed on behalf of the 1st respondent, stating that the petitioner was appointed as Registrar vide G.O. Rt. No. 359 dated 17.2.2011 for a period of six months up to 16.8.2011. In is counter affidavit, the Government has disputed the election of one A. Vijaya Bhaska Reddy -2nd respondent, as President of the State Council and also made allegations against the petitioner. It is stated that the elections were conducted by the Pharmacy Council and six members were declared by G.O.Ms. No. 8 dated 10.1.2011 and four ex-officio members were nominated and the Government has also nominated another five members and the council with 15 members was properly constituted. To conduct elections of President and Vice President, the Government issued notification vide Memo No. 17716/L2/10 dated 28.01.2011 and when the then Returning Officer called for a meeting vide reference No. ELEC/APPC/2010 dated 28.01.2011, to conduct elections of President and Vice President and Members of the Executive Committee, one Sri M. Venkat Reddy, who was earlier President, filed writ petition in W.P. No. 1720/2011 and by order dated 31.1.2011, this court granted stay of the said elections and accordingly, the Government also stayed the elections of the President and Vice-President of the Pharmacy Council by memo dated 31.1.2011. Therefore, elections were not conducted for President and Vice President till today. But one Mr. Annapareddy Vijaya Bhaskar Reddy, claiming to be elected as President, in spite of stay of this Court, has assumed charge on 6.4.2011. With these averments, and further stating that the 3rd respondent was appointed as In-charge Registrar and he assumed the office and the request of the petitioner was rejected and that the Executive Committee, has not passed any resolution dated 23.7.2011 and that it has no power to extend the tenure of the Registrar and further making allegations, against the petitioner and the alleged President, who is the 2nd respondent, writ petition was sought to be dismissed.

(3.) The petitioner filed reply affidavit reiterating the averments made in the writ petition and denying the allegations made against him in the counter affidavit.