Patna High Court
Ali ShaukatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ petition is dismissed; the election process is not set aside, but the petitioner may challenge it in an appropriate forum.
Summary
Ali Shaukat filed a writ petition seeking to set aside the minutes of a meeting dated 20‑09‑2022 (Memo No. 66) that decided to conduct the Bihar State Pharmacy Council election online, alleging violation of Rule 19A of the Pharmacy Rules, 1955, and also prayed for cancellation of the entire election. The State of Bihar, represented by its health department officials and the Bihar State Pharmacy Council, contended that a prior Division Bench decision (C.W.J.C. No. 16795 of 2022) held that pharmacists are not a marginalized class and therefore lack the capacity to enforce rights as Council members, though they were given liberty to challenge the election in an appropriate forum. The Patna High Court, relying on that precedent, found no merit in entertaining the writ petition. Consequently, the court disposed of the petition, granting the petitioner liberty to challenge the election before a suitable forum if desired.
Issues considered
- Whether the election to the Bihar State Pharmacy Council can be conducted online in violation of Rule 19A of the Pharmacy Rules, 1955.
- Whether the petitioner has locus standi to challenge the election process before this Court.
- Whether the writ petition is maintainable in view of the earlier Division Bench decision.
Subjects
- online election
- Pharmacy Council
- Rule 19A
- locus standi
- writ jurisdiction
- Pharmacy Rules 1955
Judgment
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)
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