SHYAMAL KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioner seeks a direction upon the respondents to accept his application for renewal of registration as Pharmacist for the year 2005.

(2.) The petitioner's case is that he was registered as Pharmacist in the erstwhile State of Bihar being Registration No. B-12083. The registration was renewed upto 31-12-2004 and a certificate of renewal was issued by Jharkhand State Registration Tribunal, Pharmacy, Ranchi. In 2005 the petitioner made an application before respondent No. 3 - The Registrar, Jharkhand State Registration Tribunal Pharmacy, Pharmacy Institute, Ranchi along with a bank draft of Rs. 125/-. The petitioner learnt that the concerned respondent is not accepting the renewal application of the Pharmacists who were practising in the State of Jharkhand. It is stated by the petitioner that he was registered as Pharmacist long back in the year 1992 and his name was included in the First Register prepared by the erstwhile State of Bihar. In terms of the Division Bench Judgment of this Court i.e. W. P. (PIL) No. 1429 of 2002, his right of practice continues and cannot be taken away.

(3.) A counter-affidavit has been filed on behalf of respondent Nos. 2 and 3 wherein it is stated that in the State of Jharkhand no separate State Pharmacy Council has been constituted and it was only on 12-11-2001, by the order of the Governor, registration Tribunal purported to be under Section 30 of the Act has been constituted. The tribunal made an advertisement in the newspaper calling for application for inclusion of the name in the first register from qualified persons who took degree or diploma in Pharmacy or Pharmaceutical Chemistry or Chemist and Druggist from an Indian University. It is stated that in terms of the provision of the said Act, the applicant is required to produce relevant documents and materials to satisfy the Registrar about the fulfillment of condition by him. According to the respondent, no such registration to any unqualified person can be done.