JUDGEMENT
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(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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