RAJASTHAN PHARMACY COUNCIL JAIPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner, Rajasthan Pharmacy Council through its president, Sri Ramesh Ojha, which is a body corporate within the meaning of Section 22 of the Pharmacy Act, 1948, having perpetual succession and a common seal with power to acquire or hold property both moveable and immovable and can sue and can be sued by the said name. It is prayed in the present petition that the order impugned dated 22. 01. 2000, Annexure-6 to the writ petition, passed by the State Government, whereby the services of Sri Subhash Chandra Pant, Registrar, Rajasthan Pharmacy Council, has been withdrawn with a direction to the council to appoint a new Registrar in accordance with law, be quashed.

(2.) ALTHOUGH the present writ petition is posted today for admission but with the consent of the learned counsel for the parties, I purpose to decide it on merits, at admission stage.

(3.) IN support of his aforesaid arguments, the learned counsel for the petitioner invited my attention towards Section 16 of the General Clauses Act, 1897, which provides that whereby any Central Act or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of the power. It is urged by the learned counsel for the petitioner that from reading of Section 26 of the Pharmacy Act, 1948, it is revealed that appointment of Registrar of the State Council is within the control of the petitioner, therefore, the dismissal or removal or any order adverse to the appointment of Sri Subhash Chandra Pant, as Registrar of Rajasthan Pharmacy Council, is to be exercised only by the corporate body, not by the State Government.