APHC010478012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24988 OF 2025 Between: 1. KOTCHERLA ANIL KUMAR, S/O K.ANKAYYA, AGED 52 YEARS. OCC PRINCIPAL PRIVATE EMPLOYEE, NRK AND KSR GUPTA COLLEGE OF PHARMACY, TENALI, R/O.H.NO.85-3-120, SAHITINILAYAM, CHUTTUGUNTA, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH PHARMACY COUNCIL, REP BY ITS REGISTRAR, GUNADALA, VIJAYAWADA. 4. THE RETURNING OFFICER AND THE DIRECTOR OF AYUSH, THE ANDHRA PRADESH PHARMACY COUNCIL, GUNADALA, VIJAYAWADA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents herein more particularly the 2nd respondent in issued the impugned Memo.No.2916456/J/2025, dated 31-7-2025, as illegal, arbitrary, without jurisdiction and also in violation of Sec. 29, 33 of Pharmacy Act and consequentially the Honble Court may pleased to set aside the impugned Memo, dated 31-7-2025 and direct the respondents herein to conduct elections to the AP Pharmacy Council as per the election notification issued on 25-7-2025 and also as per the directions of this WP.No.19324/2023, dated 16-3-2024 and may such order or orders in the interest of justice. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondent to proceed with the elections for the AP Pharmacy Council by suspend the impugned Memo. No.2916456/J/2025, dated 31-7-2025 issued by the 2nd respondent, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. M R TAGORE Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24988 OF 2025 The Court made the following order: Heard Sri M.R.Tagore, learned counsel for the petitioner and learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for the respondents. 2. The writ petition is filed challenging the memo dated 31.07.2025, issued by the 2nd respondent alleging that the same is issued in violation of provisions of Sections 29, 33 of Pharmacy Act, 1948. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Medical, Health and Family Welfare appearing for the respondents has placed before the Court a copy of the written instructions received from the Deputy Secretary to Government. A perusal of the same would reflect that the Registrar, A.P. Pharmacy Council vide letter dated 11.09.2025 has stated that till 08.08.2025, which is the cut-off date for the preparation for electoral roll, applications for renewal of registrations have not been received from the registered pharmacists on the basis of the memo dated 31.07.2025 issued by the Government. 4. It is further stated that the Government, after examination of the proposal of the Registrar, APPC, has agreed to revise the Renewal Check lists-I & II of AP Pharmacy Council with modification with respect to employment status. The relevant portion of the said instructions reads as follows: <5. Accordingly, Government, after examination of the proposal of the Registrar, APPC, has agreed to revise the Renewal Check lists-I & II of AP Pharmacy Council with modification with respect to employment status wherein details of only present employment / non employment may be sought without insisting for details from the beginning of registration and instructed to make suitable changes in the revised checklist wherever necessary, vide Govt. Memo No.2916456/J/2025, Dated: 31.07.2025. 6. The Registrar, A.P. Pharmacy Council vide letter Dtd.11.9.2025, has stated that till 08.08.2025 which is the cut-off- date for the preparation for electoral roll, applications for renewal of registrations are not received from the registered pharmacists on the basis of the Memo No.2916456/J/2025, dated 31.07.2025 issued by Government.= 5. Having regard to the fact that no applications have been received pursuant to the said memo, the grievance of the petitioner challenging the memo dated 31.07.2025 does not merit consideration. 6. Having regard to the fact that the issue raised in the writ petition has been resolved, this Court deems it appropriate to direct the 3rd and 4th respondents to conduct elections as expeditiously as possible. 7. In view of the foregoing, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 23.09.2025 BSK 24 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24988 OF 2025 Date: 23.09.2025 BSK