Allowed

Kumar Chanchal v. The State of Bihar

Patna HC13 Apr 2023CWJC/1672/2023

Case brief

AI extract

What is this about?

In a writ petition, petitioners complained of delayed registration as pharmacists by the Bihar State Pharmacy Council, alleging deprivation from applying for notified posts. The High Court directed the Council to process pending applications within two weeks and directed the Technical Service Commission to accept applications from candidates under registration due to petitioner's lack of fault.

What did the court decide?

Directed Council to register eligible applicants within two weeks; directed Technical Service Commission to accept applications from candidates under registration pending due to Council's delay.

Kumar Chanchal Vs The State of Bihar — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1672 of 2023

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Kumar Chanchal S/o Manindra Singh Sandhu, R/o Village - Subhani Bigha, P.O. - Gangapur, P.S. - Hulasganj, District - Jahanabad.

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Pravin Kumar Gond, S/o - Dhruv Prasad Gond, R/o Village - Bhaisawra, P.O. - Panjwar, P.S. - Siswan, District - Siwan.

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Sonu Kumar, S/o Parmanand Mandal, R/o Village - Maslay, P.O. - Kala, P.S. Laxmipur, District - Jamui.

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Dharmendra Kumar, S/o Sidhnath Singh, R/o Village - Hardiya, P.O. - Jaipur, P.S. - Mehandiya, District - Arwal.

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Pankaj Kumar Verma, S/o Dilip Kumar Das, R/o Village - Khairkhan, P.O.Khairkhan, P.S. - Forbesganj, District - Araria.

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Arbind Kumar, S/o Ranjanam Mehta, R/o Village - Bangare, P.O. - Umga, P.S. - Madanpur, District - Aurangabad.

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Mukesh Kumar, S/o Ranjeet Kumar Singh, R/o Village - Panapur Silauthar, P.O.- Kalapahar, P.S. - Jandahan, District - Vaishali.

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Rishi Raj, S/o Indradeo Sah, R/o Village and P.O. - Chauhatta, P.S. - Kishanpur, District - Supaul.

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Ankit Kumar, S/o Surendra Prasad Singh, R/o Village - Chaidha, P.O. - Babubagicha, P.S. - Maheshkhunt, District - Khagaria.

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Prakash Kumar, S/o Nagendra Kumar, R/o Village - Aliganj, P.O. - Aliganj, P.S. - Chandradeep, District - Jamui.

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Rinku Kumari, D/o Nathuni Ram, R/o Village - Basdihan, P.O. - Ghordihan, P.S.- Karaghar, District - Rohtas.

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Dhiraj Kumar, S/o Naresh Mandal, R/o Village - Jhikatia, P.O. - Maheshkhunt, District - Khagaria.

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Shubham Kumar, S/o Pradip Sah, R/o Village - Sangrampur, P.O. and P.S.Sangrampur, District - Munger.

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Abhishek Kumar, S/o Hare Ram Singh, R/o - Patoki Bagh, Diwan Mohalla, P.S. - Chowk, District - Patna.

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Amar Lal, S/o Sheshnath Thakur, R/o Village - Rojapar, P.O. - Arwal, P.S. and District - Arwal.

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Sunny Kumari Sinha, D/o Chandan Kumar, R/o Village - Pasanghi, P.O. - Pasanghi, P.S. - Ekangarsarai, District - Nalanda.

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Amit Kumar Sah, S/o - Dinesh Sah, R/o Village - Tarwara, P.O. and P.S.Tarwara, District - Siwan.

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Ayush Ranjan, S/o - Uday Chand Singh, R/o Village - Tarwara, P.O. and P.S. - Tarwara, District- Siwan.

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Priyanka Kumari, D/o Bhushan Saw, R/o Village - Muzaffarpur, P.O.Kathouli, District - Nalanda.

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Krishna Kumar, S/o - Ramnaresh Singh, R/o Village- Hajipur, P.O. - Pipra Devas, P.S. - Barauni, District- Begusarai.

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 2/7

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Aditya Raj, S/o Dhanesh Kumar Choudhary, R/o Village - Shyam Nagar, Bikramganj, P.S. - Bikramganj, District - Rohtas.

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Vikash Kumar, S/o Vinod Prasad, R/o village- Beninagar, P.O. - Maigra, District - Gaya.

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Nandan Kumar, S/o Laddu Mandal, R/o Village - Purvi Tola Farda, P.S. - Naya Ramnagar, District - Munger.

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Krishtina Hembrum, D/o Benjamin Hembrum, R/o Village - Millanpally, P.O.- Kishanganj, P.S. - Kishanganj, District - Kishanganj.

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Omkar Anand, S/o Anil Kumar, R/o Village - Toralpur, P.S. - Surajgarha, District - Lakhisarai.

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Sohan Kumar, S/o - Hare Ram Sah, R/o - Ward No. 5, Sarahi, Nagar Parishad Saharsa, P.S. - Saharsa, District - Saharsa.

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Asfak Anshari, S/o Kasim Anshari, R/o Village - Atrauna, P.O. - Atrauna, P.S. - Ithaari, District - Buxar.

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Amit Kumar, S/o Ramashish Das, R/o Village - Chakwa, P.O. - Khodawandpur, P.S. - Khodawandpur, District- Begusarai.

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Nitish Kumar, S/o Brahmdev Mandal, R/o Village - Deendayalpur, P.O. - Kodaanda, P.S. - Shahkund, District - Bhagalpur.

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Abhishek Kumar Gaurav, S/o Janardan Prasad, R/o - Ward No. 9, Sanhauli, P.S. - Chitraguptnagar, District - Khagaria.

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Suraj Kumar, S/o Rana Sah, R/o Village and P.O. - Shankarpur, P.S. - Muffasil, District - Munger.

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Deepak Kumar, S/o Dhirendra Mahto, R/o Village - Hemjapur, P.S. - Dharhara, District - Munger.

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Santu Kumar, S/o - Sunil Paswan, R/o Village - Maho, P.O. - Tulsiganj, P.S. - Chandi, District - Nalanda. ... ... Petitioners

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Versus

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The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.

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The Additional Chief Secretary Health Department Govt. of Bihar, Patna. 3. The Director in Chief, (Health Services) Government of Bihar, Patna Cum President Bihar State Pharmacy Council B.M. Das Road, P.S. - Pirbahore, District - Patna.

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The State Drug Controller Bihar, Health Department Cum Registrar Bihar State Pharmacy Council, Patna.

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The Bihar State Pharmacy Council, B.N. Das Road, P.S. - Pirbahore, District – Patna.

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The Incharge Secretary, Bihar Technical Service Commission, Patna. ... ... Respondents

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====================================================== Appearance : For the Petitioners : Mr.Shashi Bhushan Singh, Advocate For the B.T.S.C. : Mr.Nikesh Kumar, Advocate

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 3/7

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For the State : Mr.Kamlesh Kishore, AC to SC-12

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 13-04-2023

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Heard learned counsel for the petitioners and learned

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counsel for the State as also learned counsel for the Bihar Technical Service Commission.

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Learned counsel for the petitioners prays for adding Bihar State Pharmacy Council, B.N. Das Road, P.S. - Pirbahore, District – Patna and Incharge Secretary, Bihar Technical Service Commission, Patna as party respondent nos. 5 and 6. He is allowed to do so.

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Learned counsel for the State accepts notice for respondent no. 5.

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Mr. Nikesh Kumar, learned counsel for the Bihar Technical Service Commission has been served with a copy of the writ application today and he accepts the same.

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It is stated the Director-in-Chief (Health Services) who is the President of the Council and the State Drug Controllercum-Registrar of the Council are respondent no. 3 and 4.

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Interlocutory application has been filed for adding interveners as petitioners, however, learned counsel for the petitioners seeks permission to withdraw the interlocutory application.

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 4/7

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Permission is granted.

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Petitioners in the present case are seeking the

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following reliefs:-

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“(i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authority to make registration of the petitioners as Pharmacist, as they have already submitted the required documents in the office of respondent No. 3 and 4 but the same is pending for a year whereas an incorrect statement has been given by the state govt. in C.W.J.C. No. 20704/2021 that Bihar State Pharmacy Council is running smoothly after interim arrangement made by the government nominating Respondent No. 3 and 4 as President and Registrar of Bihar State Pharmacy Council but from last December 2021, the petitioners are waiting for their registration meanwhile an advertisement has been issued vide Advertisement No. 04/2023 for submitting the application for appointment to the post of Pharmacist only by the registered Pharmacist so due to latches on the part of respondents the petitioners will be deprived to participate in process of selection in view of Advertisement No. 04/2023.

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(ii) For issuance of any other relief/reliefs which is essential in the eye of law in the facts and circumstances of this case as well as for interest of justice.”

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It is the case of the petitioners that they have applied for their registration with the Bihar State Pharmacy Council, Patna as Pharmacist. It is stated that their applications for registration together with the requisite fee have been kept pending for last several months for no plausible rhyme or reason.

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It is stated that earlier in a Public Interest Litigation a

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 5/7

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complaint was made to this Court in CWJC No. 20704/2021 regarding the functioning of the Council but in the said case the State Government came out with an affidavit that the council is functioning smoothly, but the fact is that from December 2021 no registration has taken place. This, according to learned counsel, amounts to misleading the court.

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It is submitted that at this stage the Bihar Technical Service Commission has come out with an advertisement no. 05/2023 wherein altogether 1539 posts of Pharmacists have been notified. These vacancies have been notified after about 27 years.

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Learned counsel submits that according to the advertisement only such eligible candidates who are registered with the Council may apply. It is submitted that if the petitioners do not get their registration, they cannot apply under the advertisement.

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Learned counsel has prayed for two fold reliefs. It is submitted that either the council acts swiftly and consider the applications for registration within a period of two weeks from today and provide registration number to the petitioners or the Bihar Technical Services Commission be directed to accept the application of the petitioners subject to the decision of the

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 6/7

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Council with regard to the registration.

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Learned counsel for the State submits that at this stage he has no instruction but in case the application of the petitioners are pending with the Council, an appropriate direction may be issued to the competent authority/Council to consider those applications within a time frame.

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In the nature of the grievance raised before this Court, this Court is of the considered opinion that the petitioners cannot be allowed to suffer because of delay and laches on the part of the Council in taking up the applications of the petitioners for registration. This Court directs the Council to immediately take up all the pending applications for registration in accordance with the rules governing such registration and all eligible applicants be duly registered within a period of two weeks from today.

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If the Council fails to consider the applications for registration and for that reason alone any of the petitioners does not fulfill the eligibility condition no. (iii) i.e. ßvH;FkhZ dks fcgkj QkesZlh dkmfUly ls jftLVªhd`r gksuk vko”;d gksxkß, the Bihar Technical Service Commission shall have no option but to accept all such applications from the candidates whose registration with the council has not been finalized for no fault on his part.

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Patna High Court CWJC No.1672 of 2023(2) dt.13-04-2023 7/7

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This Writ Application stands disposed of with the

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aforesaid directions.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Kumar Chanchal v. The State of Bihar

Case brief

What is this about?

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Kumar Chanchal v. The State of Bihar

Case brief

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