IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8174 of 2008 RAJEEV KUMAR SINHA, S/O SRI RAJENDRA PRASAD, AGED ABOUT 30 YEARS, RESIDENT OF VILLAGE HAVELIKHAGARPUR, P.S. HAVELIKHAGARPUR, DISTRICT- MUNGER. …….. PETITIONER Versus 1.THE STATE OF BIHAR 2.THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3.THE JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 4.THE BIHAR STATE –PHARMACY COUNCIL, THROUGH ITS REGISTRAR, B.M.DAS ROAD, PATNA. ……. RESPONDENTS ----------- 13. 03/03/2009 Heard learned counsel for the parties. Initially this writ petition was filed as a public interest litigation for a direction to the respondent authorities to hold election for the post of President and Vice President of the Bihar State Pharmacy Council, hereinafter referred to as the “Council”. Subsequently, when this Court disposed of the writ petition by directing for holding elections, intervention was made by some persons claiming to be elected office bearers of the Council and at their instance the earlier final order was recalled and the matter has again been posted for hearing under the heading “For Admission”. Now, through an I.A. the writ petitioner has prayed for issuance of a writ of quo - 2 - warranto by holding that the persons claiming to be President and Vice President of the Council have no legal authority to hold such posts. Considering the entire facts and circumstances of the case and after noticing that the petitioner is a Pharmacist by profession, we do not find it a fit case to be entertained in public interest. Hence this writ petition is disposed of with liberty to the petitioner that if he is aggrieved by the election of the President and Vice President of the Council on the ground that such election was not in accordance with law, he may pursue his remedy in accordance with law through an appropriate proceeding. It is made clear that this Court has not gone into the merits of the claim of the parties. Pradeep/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)