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2022 Supreme(SC) 1211
SUPREME COURT OF INDIA
M.R. SHAH, M.M. SUNDRESH, JJ.
Mukesh Kumar - Appellant
Versus
The State of Bihar & Ors. - Respondents
Civil Appeal No. 8927 of 2022 (@ Special Leave Petition (C) No. 8799 of 2020)
Decided on : 29-11-2022
For the Petitioner(s): Ms. Rachitta Rai, AOR Mr. Amitesh Kumar Singh, Adv. Ms. Nandani Yadav, Adv.
For the Respondent(s): Mr. Abhinav Mukerji, AOR Ms. Pratishtha Vij, Adv. Mr. Bihu Sharma, Adv. Mr. Akshay Srivastava, Adv. Mr. Zoheb Hossain, AOR
IMPORTANT POINT
Running hospitals/dispensaries in absence of any registered Pharmacist and/or running such hospitals by fake Pharmacist and even running medical stores by fake Pharmacist and without even any pharmacist will ultimately affect health of citizens – State Government and Bihar State Pharmacy Council cannot be permitted to play with health and life of citizens.
Headnote:
Constitution of India – Article 226 – Public Interest Litigation – Issue of fake Pharmacists – Under provisions of Pharmacy Act, 1948 as well as Pharmacy Practice Regulations, 2015, it is duty cast upon Pharmacy Council and State Government to see that hospitals/medical stores, etc., are not run by fake Pharmacist and are run by registered Pharmacist only – Running hospitals/dispensaries in absence of any registered Pharmacist and/or running such hospitals by fake Pharmacist and even running medical stores by fake Pharmacist and without even any pharmacist will ultimately affect health of citizens – State Government and Bihar State Pharmacy Council cannot be permitted to play with health and life of citizens – Serious allegations were made against Bihar State Pharmacy Council and State of Bihar for not taking any action with respect to fake pharmacist and/or running Government’s hospitals and/or other hospitals without registered pharmacist and in-action on part of Bihar State Pharmacy Council/State Government has resulted into affected health of citizens, High Court ought to have called upon Bihar State Pharmacy Council to file status report on allegations of fake Pharmacist and/or on how many Governments’ hospitals/hospitals in State are running without registered pharmacist – High Court has failed to exercise powers vested in it under Article 226 of Constitution of India – Judgment and order passed by High Court quashed and set aside and matter remanded to High Court – While considering writ petition High Court should bear in mind public interest and health of citizens. (Paras 3, 4, 4.1 and 5)
Facts of the case:
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.12.2019 passed by High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 8384/2018, by which, the Division Bench of High Court has disposed of the said writ petition by way of public interest litigation, the original writ petitioner has preferred the present appeal.
Findings of Court:
Impugned judgment and order passed by the High Court disposing of the writ petition is hereby quashed and set aside. The matter is remanded to the High Court to consider the writ petition afresh after calling the detailed report/counter from State of Bihar and Bihar State Pharmacy Council.
Result : Appeal allowed.
JUDGMENT :
M. R. Shah, J.
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.12.2019 passed by the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 8384/2018, by which, the Division Bench of the High Court has disposed of the said writ petition by way of public interest litigation, the original writ petitioner has preferred the present appeal.
3. 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. Hospitals, the persons, who are not a registered Pharmacist have been allowed to discharge the function of a Pharmacist inasmuch as at some places, even the Clerks, ANMs, Staff Nurse etc. have been assigned with the duty to be performed only by a registered Pharmacist.
(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.
(iii) For issuance of necessary direction upon the respondent authorities to implement the Pharmacy Practice Regulation, 2015 framed by the Pharmacy Council of India in exercise of powers conferred under Section-10 & 18 of the Pharmacy Act, 1948, inasmuch as the said Regulation provides for creation of various types of posts with diverse types of responsibilities for regulating the profession of Pharmacy so that the quality of health care may improve, the Pharmacist may maintain high standard in their duty, the cost of health care may reduce and the criminal abuse of medicines may be stopped.
(iv) For holding that the Govt. of Bihar has not created an post except for the post of Pharmacist under the Pharmacy Practice Regulation, 2015 and as such, the respondents may be directed to create such posts and appoint eligible persons on such posts so that the objectives of the Pharmacy Practice Regulation, 2015 may be achieved.
(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.
(vi) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case.”
Without going into details of the grievances voiced before the High Court, the High Court has disposed of the writ petition in a most casual manner by taking note of the fact that the Bihar State Pharmacy Council has submitted that the fact-finding committee was constituted and they forwarded its report to the State Government. The High Court has disposed of the said public interest litigation – writ petition by observing that the appellant, after verifying each case individually may invite the attention to such illegality either to the Bihar State Pharmacy Council or the State of Bihar.
4. 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 Counci
