In Civil Appeal No. 8927 of 2022-SC- State Govt & Bihar State Pharmacy Council cannot be permitted to play with health and life of citizens: Apex Court directs submission of detailed report on number of Hospitals being run by fake pharmacists
Justices M.R.Shah & M.M.Sundresh [29-11-2022]

Read Judgment: Mukesh Kumar v. The State of Bihar & Ors

Tulip Kanth

New Delhi, November 30,2022: While asking the State Govt and Bihar Pharmacy Council to file status report on the number of Hospitals being run by fake pharmacists & enquiring whether the Pharmacy Practice Regulations, 2015 are followed in the entire State of Bihar, the Supreme Court has opined that running the hospitals/dispensaries in absence of any registered pharmacist or running such hospitals by fake pharmacist will ultimately affect the health of the citizen. 

In this matter before the Division Bench of Justice M.R.Shah and Justice M.M.Sundresh, 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 Governments hospitals and/or other hospitals without registered pharmacist.

It was also alleged that the in-action on the part of the Bihar State Pharmacy Council/State Government had resulted into the affected health of the citizen and so the High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist or on how many hospitals in the State are running without registered pharmacist. 

Referring to the provisions of the Pharmacy Act, 1948 as well as the Pharmacy Practice Regulations, 2015, the Bench opined that 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 manner in which the High Court had disposed of the public interest litigation – writ petition ventilating the very serious grievances touching the health and life of the citizen is disapproved. The High Court has failed to exercise the powers vested in it under Article 226 of the Constitution of India”, the Bench said.

Observing that the impugned judgment passed by the High Court disposing of the writ petition was unsustainable, the Bench allowed the appeal and remanded the matter to the High Court after calling the detailed report/counter from the State of Bihar and Bihar State Pharmacy Council on how many Governments hospitals/hospitals/medical stores/private hospitals are being run either by fake pharmacist or without registered pharmacist.

The State and Pharmacy Council have also been asked to submit report on any action taken by the State Government on the fact-finding committee report submitted by the Bihar State Pharmacy Council which was reported to be forwarded to the State Government and action taken by the State Government or by the Bihar State Pharmacy Council against such fake pharmacist.

The State and the Concil also have to submit a report on whether the Pharmacy Practice Regulations, 2015 are being followed in the entire State of Bihar or not.