RAJENDRA PRASAD BAGARIA versus PHARMACY COUNCIL OF STATE OF RAJASTHAN & ANR.

RAJENDRA PRASAD BAGARIA versus PHARMACY COUNCIL OF STATE OF RAJASTHAN & ANR.

The Executive Committee of the Pharmacy Council of Rajasthan acted within its statutory power under Section 36(1)(i) of the Pharmacy Act, 1948 to cancel the appellant's registration. The appellant failed to establish valid eligibility and necessary experience in Sikkim or Rajasthan and was given adequate opportunity to be heard. The transfer of registration based on Sikkim experience (only two months) did not meet the statutory requirement for five years' pharmacy experience in the registering State.

Parties
Appellant: Rajendra Prasad Bagaria; Respondent No. 1: Pharmacy Council of State of Rajasthan; Respondent No. 2: Government of Rajasthan
Jurisdiction
India
Judgment Date
06 February 2012
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench of High Court
Outcome
Appeal dismissed
Legal Topics
Registration of Pharmacists, Cancellation of Professional Registration, Inter State Transfer of Registration, Enquiry Procedures Under Pharmacy Act
Administrative Law Pharmacy Law Professional Regulation Registration of Pharmacists Cancellation of Professional Registration Inter State Transfer of Registration Enquiry Procedures Under Pharmacy Act

Case Brief

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Parties

Rajendra Prasad Bagaria

Appellant

Pharmacy Council of State of Rajasthan

Respondent No. 1

Government of Rajasthan

Respondent No. 2

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether the Executive Committee of the Pharmacy Council of Rajasthan was empowered to cancel the appellant's registration as a pharmacist based on alleged irregularity in his inter-state transfer from Sikkim
  2. 2 Whether the appellant was afforded adequate opportunity of being heard before cancellation
  3. 3 Whether transfer via registration in Sikkim met eligibility requirements under the Pharmacy Act, 1948

Ratio Decidendi

The Executive Committee of the Pharmacy Council of Rajasthan acted within its statutory power under Section 36(1)(i) of the Pharmacy Act, 1948 to cancel the appellant's registration. The appellant failed to establish valid eligibility and necessary experience in Sikkim or Rajasthan and was given adequate opportunity to be heard. The transfer of registration based on Sikkim experience (only two months) did not meet the statutory requirement for five years' pharmacy experience in the registering State.

Court Disposition

Appeal dismissed

Orders

  • Civil Appeal dismissed
  • No order as to costs