IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18225 of 2009 1. NABIN KUMAR S/O SRI NIWAS PRASAD R/O VILL MURTAZAPUR, P.S.BELEHHI, DISTT-PATNA AT PRESENT WORKING AS REGISTRAR, BIHAR STATE PHARMACY COUNCIL, B.M. DAS ROAD,P.S.PIRBAHORE,TOWN&DISTT-PATNA VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH DEPARTMENT GOVERNEMENT OF BIHAR, PATNA 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH GOVERNEMENT OF BIHAR, PATNA 4. THE ADDITIONAL SECRETARY, HEALTH DEPARTMENT GOVERNMENT OF BIHAR, PATNA 5. BIHAR STATE PHARMACY COUNCIL THROUGH ITS REGISTRAR HAVING ITS OFFICE AT B.M.DAS ROAD, P.S.PIRBAHORE, TOWN&DISTT-PATNA 6. DR. PRAMOD KUMAR S/O NOT KNOWN DEPUTY SECRETARY , DEPARTMENT OF HEALTH , GOVERNMENT OF BIHAR, PATNA ----------- 02 29.01.2010 By this writ petition the petitioner challenges the appointment of respondent no.6 as Registrar of the Bihar State Pharmacy Council by the State Government. Respondent no.6 is Deputy Secretary in the Department of Health, Government of Bihar. On behalf of petitioner, it is submitted that by virtue of Section 26 of the Pharmacy Act, 1948 it is the State Council who is the Appointing Authority and not the State Government. On behalf of intervener and State, it is submitted that there is no State Council in existence and, as such, State had to step in to make appointment. Petitioner has rightly drawn attention of the Court to Section 22 of the Pharmacy Act which says State Council shall be a body corporate. He has further pointed out that Section 19 provides for constitution and function for State Council wherein - 2 - few members are elected members. Prima facie, he is right in submission that if few elected members are missing either by raising of their election being held to be wrong or there being no election for sometime, it cannot be said that the State Council is not in existence. There may be vacancy which situation is contemplated and covers by Section 25 (5) of the said Act. Thus seen, the exercise of power by the State in appointing respondent no.6, its Deputy Secretary as the Registrar to the Council, is wholly without jurisdiction. Let it be noted that State Council is not the property or part of the State Government. It is an independent statutory authority and bodies incorporate. The State Government cannot intrude in its working much less contrary to the statutory provisions as contained in Pharmacy Act, 1948. In that view of the matter, the appointment of respondent no.6, the Deputy Secretary Health to the Post of Registrar, Bihar Pharmacy Council, cannot be sustained as valid in law. The writ petition is, thus, allowed. The notification of the State Government dated 10.12.2009, as contained in Annexure-9, is quashed. Trivedi ( Navaniti Prasad Singh, J. )