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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1580 of 2026 ====================================================== Ali Shaukat Son of Md. Zakee Husan, Resident of Ward No. 24, Near Mobile Tower, P.S.- Laheriyasarai, District- Darbhanga. ... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna. 2. The Additional Secretary, Health Department, Government of Bihar, Patna. 3. The Director in Chief, Health Department (Pharmacy), Government of Bihar, Patna. 4. The Drug Controller of Bihar, Health Department, Government of Bihar, Patna. 5. The Chairman Bihar State Pharmacy Council, B.M. Das Road, P.S. - Pirbahore, Patna. 6. Mr. Arjesh Raj, S/o Narmdeshwar Prasad, Resident of village Godhwa, P.S.- Pataura, East Champaran, Bihar- 845401. 7. Mr. Abhitosh Rana, S/o Ram Haresh Singh, R/o Mohalla Adarsh Colony, Kadma Road, P.S.- Aurangabad, Aurangabad- 824101. 8. Mr. Vikash Kumar Singh, S/o Upendra Pratap Singh, R/o village - Kadma Kudra, P.S. - Kaimur, Kaimur - 821108. 9. Mr. Prakash Kumar Jha, S/o Mahesh Jha, R/o village- Bishanpur, P.S.- Karpurigram, Samastipur- 848129. 10. Mr. Satish Shankar Pathak, S/o Rama Nand Pathak, R/o Bhuneshwar Enclave, Flat No. 101, Krishi Nagar, A G Colony Shastri Nagar, Patna -
800023. 11. Mr. Manish Kumar S/o Dinesh Prasad Rai, R/o village Nanhakchak, Ward no. 11, Dilwarpur, Gobardhan, P.S.- Bidupur, Vaishali- 844503. 12. Mr. Ranjeet Ranjan, S/o Surendra Prasad Singh, R/o Village- Bangpur, P.S.- Parwalpur, Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs. Shilpi Keshri, Advocate For the Respondent/state: Mr. Sunil Kumar Mandal, Standing Counsel (03) For the BSPC : Mr. Girijish Kumar, Advocate Mr. Akash Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 03-02-2026
1. The petitioner has filed the present writ application for setting aside of the minutes of meeting dated 20.09.2022 contained in memo no. 66, whereby a decision was taken to
Patna High Court CWJC No.1580 of 2026(2) dt.03-02-2026 2/2 conduct the election to the Bihar State Pharmacy Council in online mode in violation of Rule 19A of the Pharmacy Rules,
1955. The petitioner has further prayed for cancellation of the entire election process of the State Pharmacy Council conducted by the State of Bihar. 2. Mr.
Girijesh Kumar, learned counsel appearing for the Bihar State Pharmacy Council submits that a Division Bench of this Court vide order dated 23.08.2024 passed in C.W.J.C. No. 16795 of 2022 has held that since the affected persons, who are pharmacists cannot be termed as marginalized or not a class having the capacity to enforce their rights as members of the Council disposed the writ application granting liberty to the petitioner therein to challenge the election, if he so desires, before an appropriate forum. 3. In view of the aforesaid decision of Division Bench, this Court finds no reason to entertain the present writ petition. 4. Accordingly, the present writ application is disposed with liberty to the petitioner to challenge the election, if he so desires, before an appropriate forum in accordance with law. praful/- (Anil Kumar Sinha, J) U