Disposed

Monika Garg D/O Pawan Sharma v. State of Rajasthan

Rajasthan HC6 May 2024CW/2920/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking registration with the Pharmacy Council. The Court held that since an alternative statutory remedy exists under the Pharmacy Act, 1948, the petitioners were not entitled to bypass the appropriate State Authority and were granted liberty to file the requisite application there.

What did the court decide?

The instant writ petition stands disposed of; liberty granted to petitioners to approach the appropriate State Authority.

Monika Garg D/O Pawan Sharma Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2920/2024

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Monika Garg D/o Pawan Sharma, Aged About 21 Years, Resident Of Firozabad, Uttar Pradesh.

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Rajwardhan Singh Rathour S/o Vijay Veer Singh, Resident Of Sudhama Nagar, Firozabad, Uttar Pradesh.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary To The Government, Department Of Education (Secondary), Govt. Secretariat, Jaipur.

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State Of Rajasthan Through Its Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.

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Rajasthan Pharmacy Council, Government Dispensary Campus, Near Sahkar Bhawan, Sardar Patel Marg, Jaipur, Through Its Registrar.

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Singhania University, Pacheri Bari, Jhunjhunu, Rajasthan, Through Its Registrar.

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) : None Present

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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06/05/2024

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The instant writ petition has been filed by the petitioners with the following prayer:-

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“It is therefore, prayed that the writ petition and may kindly be accepted and allowed of this Humble Court:

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i) Issue an appropriate, order or direction thereby the impugned action of the respondent No.3 and 4 in disallowing the petitioner from the registration in pharmacy may be declared to be illegal, unjust, improper and unconstitutional and

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(2 of 3)

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[CW-2920/2024]

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the same may be quashed and set aside and a suitable direction may be issued in favour of the petitioners by declaring that they possesses the recognized diploma requisite and they may be allowed to registration in pharmacy council. ii) Any other appropriate order or direction including the interim directions prayed, which this Hon’ble Court may deem just and proper may also be passed in favour of the petitioner. iii) Cost of the writ petition may also be awarded.”

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By way of filing this petition, the petitioners are seeking directions against the respondent for their registration with the Pharmacy Council by treating their diploma as recognized.

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As per the mechanism provided under the Pharmacy Act 1948 the petitioners are supposed to approach the State Government by way of filing appropriate application/ appeal for redressal of their grievance, but without approaching the State Authorities, the petitioners have straightway approached this court by way of filing the instant petition.

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It is the settled proposition of law whenever an alternative statutory remedy is available to a person he cannot be allowed to bypass the jurisdiction of the said authority.

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In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioners to approach the appropriate State Authority by way of filing application/appeal for redressal of her grievances.

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In case, such appeal/application is submitted before the State Authorities the Authorities are expected to hear and decide the same on its merits, strictly in accordance

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(3 of 3)

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[CW-2920/2024]

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with law after affording due opportunity of hearing to all the

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respective parties expeditiously as early as possible ignoring the period of limitation.

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Accordingly, this instant petition stands disposed of.

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Stay application and all pending application(s), if any,

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also disposed of.

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(ANOOP KUMAR DHAND),J

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DIKSHA MISHRA /27

Monika Garg D/O Pawan Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Monika Garg D/O Pawan Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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