IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.830 of 2011 Nabin Kumar Versus The State of Bihar & Ors. ----------- 03 27.07.2011 It is unfortunate that statutory bodies are left virtually defunct and State prefers to work on ad hoc basis. The reason is not clear. In the present case, it appears that there is a provision under the Pharmacy Act, 1948 for the State Pharmacy Council. The State Pharmacy Council has six elected members and five nominated members plus one representative of the Medical Council of India and one person nominated by the Director General Health Services and one Drug Analyst nominated by the State. The Council then has to elect the President and the Secretary. The Council has to then also appoint the Registrar. When the Registrar is appointed for the first term the Council has absolute discretion in the matter, but if the same Registrar is to continue for the second term the approval of the Government is required. If one keeps this scheme in mind, it would be found that the State is not appointing authority for Registrar under any contingency. This is what this Court held in the writ petition. Notwithstanding that in defiance thereof soon after the judgment of this Court again appointed ad hoc Registrar, a power which it did not have. It was clear defiance of the order of this Court and was a gross contempt. When the Joint Secretary has been issued notice and his 2 personal appearance has been ordered, it is now said that the said ad hoc arrangement has also needed and the said arrangement was made to get over a piquant situation where salaries were not being paid to employees for considerable time because of absence of Registrar. In these proceedings then this Court queried as to why this position remain vacant. Learned counsel for the petitioner states that there has been an ad hoc arrangement making petitioner as ad hoc Registrar. One wonders why this ad hocism on either side. The situation now that emanates is that six elected posts to the Council are vacant since 15.11.2009, by virtue of the term of the earlier members having expired, no elections are being conducted. The President and the Secretary, who were elected earlier, are fighting battle for retaining their positions. Their elections have been challenged. The result is that the State Pharmacy Council is in a suspended animation with no functions. This Court cannot shut its eyes to such a situation and allow its order to be violated. In interest of justice, I, therefore, direct that the ad hocism of the appointment of Registrar must end notwithstanding vacancy in the Council amongst its members the Council must meet and I direct so that they must convene a meeting within three weeks from today. In that meeting they would appoint a permanent Registrar. The permanent Registrar so appointed would then call for the election of the six members who are to be elected to the council within one month of his appointment. Once 3 this process of election is completed steps to be taken to fill up all other posts by the Council. The order must be strictly complied with and, if there is any difficulty or any obstruction in the matter, the parties would be at liberty to file applications for initiating contempt proceedings before this Court. Accordingly, this application stands disposed of. Trivedi/ ( Navaniti Prasad Singh, J.)