That the appellant herein filed the writ petition by way of public interest litigation before the High Court for the following reliefs: – “(i) For issuance of necessary direction upon the respondent authorities to not to allow any person other than a registered Pharmacist to compound, prepare, mix or dispense any medicine on the prescription of any medical practitioner because in various Govt.
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
(ii) For holding that by allowing a non- pharmacist to discharge the duty and responsibility of Pharmacist, the respondent authorities are not only violating the provisions of the Pharmacy Act, 1948 as well as Pharmacy Practices Regulation, 2015 but they are also playing with the health of the concerned patients.
(v) For necessary direction upon the respondent authorities to constitute an Enquiry Committee in terms of Section-45(5) of the Pharmacy Act, 1948 to enquire into the functioning of the Bihar State Pharmacy Council because the Bihar State Pharmacy Council is not functioning in accordance with the provisions of the Pharmacy Act, 1948 and Pharmacy Practice Regulation, 2015 inasmuch as the Bihar State Pharmacy Council is involved in grant of fake and illegal registration to the fake Pharmacists.
Serious allegations were made against the Bihar State Pharmacy Council and the State of Bihar for not taking any action with respect to fake pharmacist and/or running the Government’s hospitals and/or other hospitals without registered pharmacist and the in-action on the part of the Bihar State Pharmacy Council/State Government has resulted into the affected health of the citizen, the High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist and/or on how many Governments’ hospitals/hospitals in the State are running without registered pharmacist.
Also Read: https://newslaw.in/supreme-court/final-decision-and-disclosure-in-collegium-meetings/
1
Under the provisions of the Pharmacy Act, 1948 as well as the Pharmacy Practice Regulations, 2015, it is the duty cast upon the Pharmacy Council and the State Government to see that the hospitals/medical stores, etc., are not run by the fake pharmacist and are run by the registered pharmacist only.
The impugned judgment and order passed by the High Court disposing of the writ petition is hereby quashed and set aside.
The High Court to take up the writ petition for hearing on remand within a period of four weeks from today.
Case Title: MUKESH KUMAR Vs. THE STATE OF BIHAR (2022 INSC 1237)
Case Number: C.A. No.-008927-008927 / 2022
