Sri. Ashok Swamy Heroor vs The State Of Karnataka on 30 June, 2022

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Karnataka High Court

Sri. Ashok Swamy Heroor vs The State Of Karnataka on 30 June, 2022

Bench: Ritu Raj Awasthi

                            1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                        PRESENT

  THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

      WRIT PETITION NO.44688 OF 2015 (GM-RES-PIL)

BETWEEN:

1.    SRI. ASHOK SWAMY HEROOR
      S/O VEERABHADRAYYA,
      AGE 50 YEARS,
      PRESIDENT,
      KOPPALA DISTRICT,
      CHEMISTS & DRUGGISTS ASSOCIATION,
      GANGAVATHI - 583 227.
      DISTRICT: KOPPAL,
      KARNATAKA STATE.
                                             ... PETITIONER

(BY SRI SHEELVANT C.V., ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA
      BY THE PRINCIPAL SECRETARY TO GOVT.,
      HEALTH & FAMILY WELFARE DEPT.,
      VIKASA SOUDHA,
      BANGALORE - 560 001.

2.    REGISTRAR,
      PHARMACY COUNCIL OF INDIA,
                             2




     COMBINED COUNCILS BUILDING,
     KOTLA ROAD,
     AIWAN E-GHALIB MARG,
     POST BOX NO.7020,
     NEW DELHI - 110 002.

3.   PRESIDENT,
     KARNATAKA STATE PHARMACY COUNCIL,
     514/E, 1ST MIAN, 2ND STAGE,
     VIJAYANAGARA,
     BANGALORE - 560 104.

4.   THE REGISTRAR,
     THE KARNATAKA STATE PHARMACY COUNCIL,
     514/E, 1ST MAIN, 2ND STAGE,
     VIJAYANAGAR,
     BANGALORE - 560 104.

5.   DRUGS CONTROLLER IN KARNATAKA,
     OFFICE OF THE DRUGS CONTROLLER,
     PALACE ROAD,
     BANGALORE - 560 001
                                          ... RESPONDENTS

(BY SRI VIJAY KUMAR A. PATIL, AGA FOR R1 & R5
    SRI. S.S. HAVERI, ADVOCATE FOR R2 TO R4)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT OR DIRECTION TO THESE RESPONDENTS TO IMPLEMENT
THE PROVISIONS OF PHARMACY ACT & DRUGS AND COSMETICS
ACT 1940 & RULES 1945 AS PER THE PROCEDURE LAID DOWN
THEREIN AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
                                     3




                              ORDER

Heard.

2. In this Public Interest Litigation, the petitioner has prayed for the following reliefs:

"(a) Issue Writ in the nature of Mandamus or any other appropriate Writ or direction to these Respondents to implement the provisions of Pharmacy Act & Drugs and Cosmetics Act 1940 & Rules 1945 as per the procedure laid down therein.

(b) Issue direction to 1st Respondent State to appoint commission of Enquiry u/s.45(5) of the Pharmacy Act 1948 to take needful action as provided under Law.

(c) Issue any other appropriate Writ, Order or direction deemed fit under the facts & circumstances of this case in the interest of Justice & public Health."

3. During the course of the proceedings pending in this Court, several directions were issued from time to time. The respondents were required to notify the Draft Rules of the Karnataka State Pharmacy Council (Amendment) Rules, 2022. The memo of compliance dated 07.06.2022 has been filed enclosing therein the notification dated 06.06.2022 wherein, the Karnataka State Pharmacy Council (Amendment) Rules, 2022 have been notified.

4. In view of the above, we are of the considered view that the requirement of the provisions of the Pharmacy Act and Drugs and Cosmetics Act 1940 and Rules 1945 have been complied. In case respondent Nos.2 to 4 want any clarification regarding the Rules which have been notified by the State Government, they are at liberty to do so.

5. The writ petition is accordingly disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE VM

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