'Fake Pharmacists Running Hospitals/Medical Stores Affect Citizens' Health' : Supreme Court Restores PIL Before Patna HC

The Supreme Court observed that it is the duty of Pharmacy Council and 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.

Running the hospitals/dispensaries in absence of any registered pharmacist and/or running such hospitals by fake pharmacist and even running the medical stores by fake pharmacist and without even any pharmacist will ultimately affect the health of the citizen, the bench of Justices MR Shah and MM Sundresh observed while it restored a Public Interest Litigation before the Patna High Court that raised this issue.

One Mukesh Kumar had filed a Public Interest Litigation before the Patna High Court in which he alleged that in various Govt. Hospitals, the persons, who are not a registered Pharmacist are being allowed to discharge the function of a Pharmacist. At some places, even the Clerks, Staff Nurse etc. have been assigned with the duty to be performed only by a registered Pharmacists, the plea had alleged. This petition was disposed of by the High Court recording the submission that the Bihar State Pharmacy Council constituted a fact finding committee and its report was already forwarded to the State Government. The court had also clarified that only such those persons, who are eligible and fulfill the requisite conditions, can be registered with the Bihar State Pharmacy Council.

During the previous hearing of the Special Leave Petition against this judgment, the Apex Court bench had observed that by permitting the fake pharmacists to run the medical stores and/or functioning, it will be playing with the life of the citizens. The State ought to have been vigilant to curb and stop the fake pharmacists, it was observed.

Now while disposing the appeal, the bench observed that the writ petition raised a very serious grievances touching the health and life of the citizen. 

"Running the hospitals/dispensaries in absence of any registered pharmacist and/or running such hospitals by fake pharmacist and even running the medical stores by fake pharmacist and without even any pharmacist will ultimately affect the health of the citizen. The State Government and the Bihar State Pharmacy Council cannot be permitted to play with the health and life of the citizen", the bench said while allowing the appeal and restoring the PIL before the High Court.

The court directed the High Court to call for detailed report/counter from the State of Bihar and Bihar State Pharmacy Council on (i) how many Governments' hospitals/hospitals/medical stores/private hospitals are being run either by fake pharmacist or without registered pharmacist;  (ii) whether any action is 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; (iii) whether there are any fake pharmacists as alleged in the writ petition; (iv) any action is taken by the State Government or by the Bihar State Pharmacy Council against such fake pharmacist; (v) whether the Pharmacy Practice Regulations, 2015 are being followed in the entire State of Bihar or not.

Case details

Mukesh Kumar vs State of Bihar | 2022 LiveLaw (SC) 995 |  SLP(C) 8799/2020 | 29 Nov 2022 | Justices MR Shah and MM Sundresh

For Petitioner(s) Ms. Rachitta Rai, AOR Mr. Amitesh Kumar Singh, Adv. Ms. Nandani Yadav, Adv.

For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Pratishtha Vij, Adv. Mr. Bihu Sharma, Adv. Mr. Akshay Srivastava, Adv. Mr. Zoheb Hossain, AOR

Headnotes

Pharmacy Act, 1948 - Pharmacy Practice Regulations, 2015 -  It is the duty of Pharmacy Council and 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 - Running the hospitals/dispensaries in absence of any registered pharmacist and/or running such hospitals by fake pharmacist and even running the medical stores by fake pharmacist and without even any pharmacist will ultimately affect the health of the citizen -

Fake Pharmacists - PIL before Patna HC restored - The manner in which the High Court has disposed of the PIL ventilating the very serious grievances touching the health and life of the citizen is disapproved - High Court to call for detailed report/counter from the State of Bihar and Bihar State Pharmacy Council on (i) how many Governments' hospitals/hospitals/medical stores/private hospitals are being run either by fake pharmacist or without registered pharmacist; (ii) whether any action is 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; (iii) whether there are any fake pharmacists as alleged in the writ petition; (iv) any action is taken by the State Government or by the Bihar State Pharmacy Council against such fake pharmacist; (v) whether the Pharmacy Practice Regulations, 2015 are being followed in the entire State of Bihar or not.

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