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Indian Pharmacy Graduates Association through Secretary Vs. Government of India & Ors.

[Civil Appeal No.5202 of 2012 Special Leave Petition (C.) No.5757 of 2012]

O R D E R

1. Leave granted.

2. This appeal is directed against the order passed in M.P.NO.2 of 2012in Writ Appeal No.19 of 2012, dated 25th January, 2012.

3. The impugned order passed by the High Court was stayed by this Court by its order dated 14th February, 2012. The said interim order is still operating against the respondents.

4. We have heard Shri L. Nageswara Rao, learned senior counsel for the appellant and Shri R.F. Nariman, learned Solicitor General for India.

5. Learned counsel appearing for both the parties would submit that it would be desirable if a request is made to the High Court to consider the main Writ Petition itself instead of going into the factual details and the legal issues raised in the present appeal. The suggestion made by the learned counsel appears to be reasonable and therefore, we accept the same. Accordingly, we set aside the orders passed in M.P.NO.2 of 2012 in Writ Appeal No.19 of 2012, dated 25th January, 2012. We request the learned Single Judge to dispose of the Writ Petition No.28887/2011 as expeditiously as possible, preferably within two months from the date of receipt of a copy of this Court's order. All the contentions raised by both the parties are kept open. Appeal disposed of accordingly. No costs.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

JULY 13, 2012

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