RAJENDRA PRASAD BAGARIA Vs. PHARMACY COUNCIL OF STATE OF RAJASTHAN
LAWS(SC)-2012-2-19
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on February 06,2012

RAJENDRA PRASAD BAGARIA Appellant
VERSUS
PHARMACY COUNCIL OF STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) This appeal by special leave is directed against the judgment and order dated 8.6.2006 passed by a Division Bench of the High Court of Rajasthan, Jaipur Bench, in D.B. Special Appeal (Writ) No. 507/2006 arising out of S.B. Civil Writ Petition No. 4309/2005, whereby the Writ Petition filed by the appellant was dismissed. Short facts leading to this appeal are as follows:-
(2.) The appellant claims that after passing the Secondary School Examination in 1986, he worked in a Medical Store named as 'Todi Medicals' at Sikar in the state of Rajasthan from October 1991 to March 1997. It is his case that though on the basis of his experience, he was otherwise eligible to be enrolled as a pharmacist in Rajasthan, he could not get so enrolled since by the time he could apply, the registration of pharmacists in Rajasthan was closed. He claims that thereafter he shifted to Sikkim in August, 2001, where he worked for about two months in a medical store at Gangtok. On the basis of the certificate issued by his employer in Sikkim, he applied for registration as a pharmacist with the Sikkim State Pharmacy Tribunal (Sikkim Tribunal for short), and he was so registered over there on 5.12.2001.
(3.) The purpose of his sojourn to Sikkim having been achieved, the appellant returned to Kherli in the State of Rajasthan towards the beginning of January 2002. On the basis of this registration from Sikkim, he applied on 8.4.2002 for his registration with the Pharmacy Council of the State of Rajasthan (respondent No.1 herein - 'Rajasthan Council' for short) under Section 32 of The Pharmacy Act, 1948 (hereinafter referred to as 'the Act').;


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