SC Issues Notice On Plea Alleging Irregularities In Functioning Of Bihar State Pharmacy Registration Council [Read Order]

A bench comprised of Justice L. Nageswara Rao and Justice S. Ravindra Bhat has issued notice to the Bihar Government and other Respondents on the plea filed by one Mukesh Kumar, contending that the High Court wrongly disposed of the PIL despite sufficient material on record, showing the illegal functioning of the Council.

Kumar had approached the High Court last year, alleging that the Bihar State Pharmacy Registration Council is issuing registration certificates on the basis of fake certificates produced before it. It was also alleged that he Council is granting the certificate on the basis of experience gained by the person, which is completely against the provisions of the Pharmacy Act, 1948.

The matter was disposed of by a division bench comprised of Chief Justice Sanjay Karol and Justice Anil Kumar Upadhyay, granting liberty to the Petitioner to verify each case individually and apprise the Bihar State Pharmacy Council or the State Government, of the same.

Aggrieved by this order, the Petitioner has approached the Supreme Court through AoR Rachitta Priyanka, alleging involvement of the Council in the illegal practice of granting fake registration to pharmacists and seeking inquiry against it.

It is submitted that he had already submitted a report to the Bihar Government, highlighting the illegalities committed by the Council, but no action had been initiated so far. Further, even the Pharmacy Council of India reported the matter of fake registration of Pharmacists in Bihar to the State Govt., but no action was taken thereof.

In this backdrop it is submitted,

"When the State Govt. is not taking cognizance over the report submitted by the Pharmacy Council of India, they would hardly take any cognizance of the matter placed by this petitioner. Moreover, this petitioner had already brought on record sufficient material to show that large number of persons have obtained forged certificate of registration from the Bihar State Pharmacy Council. Still the State Govt. did not take any action to look into or enquire into the functioning of the Bihar State Pharmacy Council.

…when the State Govt. is not responding to the materials brought on record by the petitioner with regard to the illegal functioning of the Bihar State Pharmacy Council and fake registration being granted by it, by a person, who is not eligible to hold the post of Registrar of the Council, no fruitful purpose would be served by asking the petitioner to identify the individual cases."

It is pointed out that the High Court had itself directed the State Govt. to file a comprehensive counter affidavit in the matter but later, the PIL was disposed of sans counter affidavit and the liability to identify the individual cases was shifted upon the Petitioner.

The Petitioner has also placed on record a list of 543 Pharmacists, registered with the Bihar State Pharmacy Registration Council, whose registration was found to be fake by the Jharkhand State Pharmacy Registration Tribunal. Allegedly, the Council is continuing with such registration, regardless of the Tribunal's findings.

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