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E S I S MEDICAL SERVICES v. THE REGISTRAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT WRIT PETITION NO.28948/2017 (GM-RES)
BETWEEN:
E.S.I.S. MEDICAL SERVICES
PHARMACISTS (A) ASSOCIATION (R)
DIRECTORATE RAJAJINAGAR
BENGALURU-560010
REP. BY ITS PRESIDENT
MR. K.M. VISHWANATHA
AGED 57 YEARS
S/O M MADIAH R/AT NO.173, 1STBLOCK
14THCROSS, 19THMAIN
RAJAJINAGAR
BENGALURU - 560 010
AND GENERAL SECRETARY
MR. NARSEGOWDA K
AGED 49 YEARS
S/O KARIAPPA
RESIDENT OF NO.5637
BEHIND KEB OFFICE
SUBHASH NAGAR
NELAMANGALA TOWN-562123.
...PETITIONER
(BY SRI RAMESHA Y R, ADV. FOR
SRI RAKESH H.D., ADV.)
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AND:
1. THE REGISTRAR
KARNATAKA STATE PHARMACY
COUNCIL, NO.514/E, 1STMAIN
2NDSTAGE, VIJAYANAGAR
CLUB ROAD, BENGALURU-560 104.
2. THE ADDITIONAL SECRETARY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF HEALTH AND
FAMILY WELFARE
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560 001. …RESPONDENTS
(BY SRI S S HAVERI, ADV. FOR R1
SMT. A.R.SHARADAMBA, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R1 TO MODIFY THE GAZETTE NOTIFICATION DATED
17.06.2016, ISSUED BY ADDL. SECRETARY TO GOVERNMENT
OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY
WELFARE, I.E., R2 VIDE ANNEX-A, BY EXEMPTING THE LIFE
MEMBERS FROM PERIODICAL RENEWAL AND ALSO TO PASS
SUCH ORDER, DIRECTION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
The petitioner/ESIS Medical Services Pharmacists (A) Association is before this Court under Article 226 of the Constitution of India, praying for the following relief:
"Issue a writ of certiorari or any other appropriate writ, order, direction, directing the respondent No.1 to modify the Gazette Notification No.HFW 163 PTD 2016, Bengaluru, dated 17th June 2016, issued by Additional Secretary to Government of Karnataka, Department of Health and Family Welfare, i.e., respondent No.2 vide Annexure-A, by exempting the life members from periodical renewal."
2. Heard learned counsel Sri.Ramesha Y.R., for Sri.Rakesh H.D., learned counsel for the petitioner; learned AGA Smt.A.R.Sharadamba for respondent No.2 and learned counsel Sri.S.S.Haveri for respondent No.1. Perused the writ petition papers.
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3. Learned counsel for the petitioner would submit that the members of the petitioner-Association are life members of the first respondent-Karnataka State Pharmacy Council (for short "the Council"). Notification dated 17.06.2016, requires the members of the 1strespondent to renew their membership with the first respondent-Council and it also requires that all members to attend minimum two refresher course in pharmacy of minimum one day duration, each in a span of five years. The petitioner-Association is seeking for a direction to exempt them from renewing their membership, since they are life members of the first respondent-Council.
4. Per contra, learned AGA submits that the petitioner- Association is not an aggrieved person and if at all, the members of the first respondent-Council are aggrieved, they could approach this Court and the writ petition by an Association of Pharmacists would not be maintainable. Moreover, it is submitted that the petitioner has not placed on record the authorization or resolution passed, authorizing the
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General Secretary to file the writ petition and list of members nor bye-laws is placed on record. Thus, she prays for dismissal of the writ petition.
5. The writ petition is filed by the Association of Pharmacists. The writ petition is not accompanied by authorization, authorizing the General Secretary or the President to file the present writ petition. The petitioner has also not placed on record the bye-laws nor list of members of the petitioner-Association. In the absence of placing on record the authorization, list of members and bye-laws of the Association, the writ petition filed by the Association would not be maintainable.
6. The petitioner-Association is not aggrieved person since, no right of the Association is infringed. Renewal of registration with the first respondent-Council would be by the individual person. If at all the members enrolled with the Karnataka State Pharmacy Council are aggrieved, they could approach this Court, if they are individually aggrieved by the
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notification at Annexure-A dated 17.06.2016, which requires renewal of membership.
7. For the reasons recorded above, the writ petition is disposed of, with liberty to the individual members if aggrieved by Annexure-A Notification dated 17.06.2016 could approach this Court.
Sd/-
JUDGE
mpk/-*
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