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2025 DAILYLAW 54543 (CHH)

RAJNIKANT NISHAD v. STATE OF CHHATTISGARH

WPC/5629/2025 · 2025-10-28

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:52784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5629 of 2025 • Rajnikant Nishad S/o Brinda Ram Nishad Aged About 33 Years R/o Village And Post- Sarona, Tehsil- Narharpur, District- Kanker, Chhattisgarh- 494335. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh – 492002 2. Registrar Chhattisgarh State Pharmacy Council, Raipur, House No. - 40, Anand Nagar, Po - Ravigram, Telibandha, Raipur (Chhattisgarh), India - 492006 ... Respondents For Petitioner : Mr. Imran Ahmed Khan, Advocate For Respondent No. 1-State For Respondent No. 2 : : Ms. Poorva Tiwari, Panel Lawyer Mr. Vaibhav A. Goverdhan, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 29/10/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.a Issue an appropriate writ, order, or direction, quashing and setting aside the impugned order dated 29/11/2022 (Annexure P/1) passed by the Chhattisgarh State Pharmacy Council, Raipur, whereby the petitioner's petition pharmacist registration bearing Registration No. 18734 has been suspended, as being illegal, arbitrary, violative of principles of natural justice, and contrary to the provisions of the Pharmacy Act, 1948 and the Education Regulations, 1991/2020. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA Date: 2025.10.29 18:01:29 +0530 2 / 3 10.b Issue an appropriate writ, order, or direction in the nature of Mandamus, commanding the respondents, to forthwith consider and decide the petitioner's pending representations dated 20/10/2023 and 21/11/2024 (Annexures P/8 and P/10 respectively), along with the re-completed Practical Training Contract Form dated 11/11/2024 (Annexure P/9), within a fixed time period as may be deemed fit by this Hon'ble Court. 10.c Issue an appropriate writ, order, or direction in the nature of Mandamus, directing the respondents to forthwith revoke the suspension of the petitioner's pharmacist registration, and restore the same, considering the petitioner's subsequent compliance with all statutory requirements, including successful completion of practical training as per law. 10.d Issue such further or other writ, order, or direction as this Hon'ble Court may deem just, fit, and proper in the facts and circumstances of the present case, to secure the ends of justice.” 2. Learned counsel for petitioner submits that at present he is pressing this writ petition only for the relief as prayed in paragraph 10.b. He submits that after passing of the order Annexure P-1, petitioner has underwent training in accordance with law and thereafter submitted representation before the concerned authority to withdraw the order of suspension of his registration, however, till date representation submitted by petitioner has not been considered since last about one year. He submits that as the representation of petitioner is still pending consideration, Respondent No. 2 be directed to take decision on the pending representation. 3. Learned counsel for Resp. No. 2 would submit that the representation submitted by petitioner appears to be about one year back. If petitioner submits a fresh representation, it will be considered in accordance with law. 4. I have heard learned counsel for the parties. 5. Taking into consideration the nature of grievance raised by petitioner, submission of counsel for petitioner pressing relief no. 10.b, this writ petition at this stage is disposed of directing Resp. No. 2 to take decision on the 3 / 3 representation dated 21.11.2024 in accordance with law expeditiously preferably within a further period of 02 months from the date of receipt of copy of this order. 6. Petitioner will be at liberty to submit fresh representation before Resp. No. 2 along with copy of this order to be submitted and if such a representation is submitted, Resp. No. 2 shall also consider the same along with pending representation dated 21.11.2024 in accordance with law. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE