// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Civil Writ Petition No.3707/2005 With S.B. Civil Misc. Stay Application No.3262/2005 Prakash Chand Gupta Versus The Pharmacy Council of the State of Rajasthan and Another AND 2. S.B. Civil Writ Petition No.4306/2005 With S.B. Civil Misc. Stay Application No.3759/2005 Jugal Kishor Baheti Versus The Pharmacy Council of the State of Rajasthan and Another AND 3. S.B. Civil Writ Petition No.4093/2005 With S.B. Civil Misc. Stay Application No.3570/2005 Gangadhar Sharma Versus The Pharmacy Council of the State of Rajasthan and Another AND 4. S.B. Civil Writ Petition No.4022/2005 With S.B. Civil Misc. Stay Application No.3517/2005 Mohan Singh Gadwat Versus The Pharmacy Council of the State of Rajasthan and Another AND 5. S.B. Civil Writ Petition No.3806/2005 With S.B. Civil Misc. Stay Application No.3347/2005 Khushal Puri Versus The Pharmacy Council of the State of Rajasthan and Another AND 6. S.B. Civil Writ Petition No.3319/2005 With S.B. Civil Misc. Stay Application No.2962/2005 Shambhu Lal Sharma Versus The Pharmacy Council of the State of Rajasthan and Another AND 7. S.B. Civil Writ Petition No.4308/2005 With S.B. Civil Misc. Stay Application No.3761/2005 // 2 // Vijay Kumar Soni Versus The Pharmacy Council of the State of Rajasthan and Another AND 8. S.B. Civil Writ Petition No.3725/2005 With S.B. Civil Misc. Stay Application No.3279/2005 Prince Malik Versus The Pharmacy Council of the State of Rajasthan and Another AND 9. S.B. Civil Writ Petition No.3833/2005 With S.B. Civil Misc. Stay Application No.3369/2005 Rajendra Kumar Gupta Versus The Pharmacy Council of the State of Rajasthan and Another AND 10. S.B. Civil Writ Petition No.3974/2005 With S.B. Civil Misc. Stay Application No.3479/2005 Ramji Lal Mali Versus The Pharmacy Council of the State of Rajasthan and Another AND 11. S.B. Civil Writ Petition No.4312/2005 With S.B. Civil Misc. Stay Application No.3765/2005 Samir Kumar Gupta Versus The Pharmacy Council of the State of Rajasthan and Another AND 12. S.B. Civil Writ Petition No.3706/2005 With S.B. Civil Misc. Stay Application No.3261/2005 Praful Acharya Versus The Pharmacy Council of the State of Rajasthan and Another AND 13. S.B. Civil Writ Petition No.4024/2005 With S.B. Civil Misc. Stay Application No.3519/2005 Kishore Kumar Lakhotia Versus The Pharmacy Council of the State of Rajasthan and Another AND 14. S.B. Civil Writ Petition No.4218/2005 With S.B. Civil Misc. Stay Application No.3675/2005 // 3 // Lalit Kumar Sharma Versus The Pharmacy Council of the State of Rajasthan and Another AND 15. S.B. Civil Writ Petition No.3971/2005 With S.B. Civil Misc. Stay Application No.3476/2005 Pankaj Garg Versus The Pharmacy Council of the State of Rajasthan and Another AND 16. S.B. Civil Writ Petition No.4219/2005 With S.B. Civil Misc. Stay Application No.3676/2005 Rajendra Kumar Somani Versus The Pharmacy Council of the State of Rajasthan and Another AND 17. S.B. Civil Writ Petition No.4095/2005 With S.B. Civil Misc. Stay Application No.3572/2005 Vinod Kumar Versus The Pharmacy Council of the State of Raj. and Another AND 18. S.B. Civil Writ Petition No.3973/2005 With S.B. Civil Misc. Stay Application No.3478/2005 Girraj Prasad Gupta Versus The Pharmacy Council of the State of Rajasthan and Another AND 19. S.B. Civil Writ Petition No.3807/2005 With S.B. Civil Misc. Stay Application No.3348/2005 Dharmendra Kumar Saini Versus The Pharmacy Council of the State of Rajasthan and Another AND 20. S.B. Civil Writ Petition No.4021/2005 With S.B. Civil Misc. Stay Application No.3516/2005 Shelendra Bansal Versus The Pharmacy Council of the State of Rajasthan and Another AND 21. S.B. Civil Writ Petition No.4094/2005 With S.B. Civil Misc. Stay Application No.3571/2005 // 4 // Gautam Prasad Gupta Versus The Pharmacy Council of the State of Rajasthan and Another Date of Order ::: 21.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Alok Sharma with Ms. Sheetal Mirdha, Counsel for the petitioner Shri R.K. Mathur and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties in the aforesaid bunch of writ petitions. The learned counsel for the respondents raised an objection that the order, impugned in these writ petitions, is appealable and further that identical writ petitions have already been dismissed by the Single Bench and thereafter by the Division Bench, therefore, the writ petitions be dismissed. The learned counsel for the petitioners does not dispute the dismissal of the similar writ petitions by the Single Bench and thereafter by the Division Bench, but it is contended that the order passed by the Division Bench was challenged by way of Special Leave Petition by the writ petitioners before the Hon'ble Supreme Court, wherein notices have already been issued, therefore, the matter is subjudiced before the Hon'ble Supreme Court on merits, therefore, the hearing of writ petitions may be deferred till disposal of SLP by the Hon'ble Supreme Court or he may be permitted to withdraw the writ petitions with liberty to file appeals before the appellate authority and the appellate authority may be directed to decide the appeals on merits. It is further contended that in most of the writ petitions, the interim stay orders were passed by this Court // 5 // in 2005 and since then the same are going on therefore the interim stay orders may be continued in those cases wherein the same were passed, during the pendency of the appeal. After considering the submissions of learned counsel for the parties, the writ petitions are dismissed with liberty to the petitioners to file appeals before the appellate authority. In case the appeals are preferred by petitioners within a period of one month from today then the appellate authority will decide the same on merits as early as possible preferably within a period of four months. The interim stay orders passed by this Court, will remain operative only in those cases wherein the same were passed, during the pendency of the appeals before the appellate authority. Consequent upon dismissal of the writ petitions, the stay applications, filed therewith, do not survive and the same are also dismissed. The main order will remain in S.B. Civil Writ Petition No.3707/2005, therefore, the Registry is directed to place certified copies of this order in the files of other connected matters, referred to above. (Narendra Kumar Jain) J. //Jaiman//