The main legal point established in the judgment is that qualifications prescribed for registration of pharmacists must be consistent with the Education Regulations framed under the Pharmacy Act. Any qualifications prescribed by the State Government that are inconsistent with the Education Regulations are ultra vires the Pharmacy Act.

I.A. Ansari, J.

1. Can a State Government prescribe qualifications for registration of any person as a pharmacist? Whether the qualifications prescribed by the Gazette Notification, dated 18.01.96, issued by the Government of Tripura, Department of Health and Family Welfare, are sustainable? Can the registration of pharmacists, made pursuant to the order, dated 24.7.96, issued by the Registrar, Tripura State Pharmacist Council, be allowed to survive? These are the three prominent questions, which have been raised in the present writ petition.

2. Heard Mr. S. Talapatra, learned Senior counsel, appearing on behalf of the petitioners and Mr. N. Adhikary, learned Advocate General, Tripura.

3. In order to appreciate the controversy raised in the present writ petition, a careful analysis of the relevant provisions of the Pharmacy Act, 1948 (in short, 'the Pharmacy Act') is imperative. With this end in view, let me, point out, the object and the scheme of the Pharmacy Act.

4. What needs to be noted, at the very outset, is that the Pharmacy Act was enacted to regulate the profession of pharmacy. The statement of object and reasons of the Pharmacy Act succinctly describe the legislative intent behind this legislative enactment in these words:

Statement of objects and Reasons: It is desirable that, as in most other countries, only persons who have attained a minimum standard of professional education should be permitted to practise the profession of Pharmacy. It is accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the minimum standards of education and approved courses of study and examinations for pharmacists and Provincial Pharmacy Councils, which will be responsible for the maintenance of provincial registers of qualified pharmacists. It is further proposed to empower Provincial Governments to prohibit the dispensing of medicine on the prescription of a medical practitioner otherwise than by, or under the direct and personal supervision of, a registered pharmacist.

5. A careful reading, as a whole, of the Pharmacy Act shows that Section 3 empowers the Central Government to constitute, as soon as may be, a Pharmacy Council of India, which will be known, according to 2(c), as Central Council. Section 10 empowers the Central Council to make regulations subject to the approval of the Central Government. These regulations, which are to be known as Education Regulations, could prescribe the minimum standard of education required as pharmacist. The Education Regulations, so framed, under Section 10, may, amongst others, prescribe not only the minimum standard of education required for qualification as a pharmacist, but also prescribe: (a) the nature and period of study and of training to be undertaken before admission to an examination; (b) the equipment and facilities to be provided for students undergoing approved courses of study; (c) the subjects of examination and the standards therein to be attained; (d) any other conditions of admission to examinations.

6. There is no dispute that the Central Council has framed, with the approval of the Central Government, Education Regulations from time to time. The Education Regulations, 1991, provide that the minimum qualification required for registration as a pharmacist shall be a diploma in pharmacy (Part-1 and part-2) and satisfactory completion of diploma in pharmacy (Part-3) or any other qualification, which may be approved by the Pharmacy Council of India, as equivalent to such diploma.

7. Regulations 3 and 4 of the Education Regulations, 1991, prescribe requisite qualifications for being registered as a pharmacist as under:

2. Qualification for Pharmacist--The minimum qualification required for registration as a pharmacist shall be a pass in diploma in Pharmacy (Part 1 & II and satisfactory completion of Diploma in Pharmacy (Part-III). Or Any other qualification approved by the Pharmacy Council of India as equivalent to the above 3. Diploma in Pharmacy Pa