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DEVASHIS BARUAH
Assam Pharmacy Council – Appellant
Versus
State Of Assam, Rep. By The Principal Secretary To The Govt. Of Assam, Health And Family Welfare Deptt. – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Ms. D Borgohain, the learned counsel appearing on behalf of the petitioners. Mr. DP Borah, the learned counsel appears on behalf of the Health & Family Welfare Department, Govt. of Assam.
2. The petitioner No.1 is the State Pharmacy Council constituted in terms with Section 19 of the Pharmacy Act 1948, (hereinafter referred to as the ‘Act of 1948’). The grievance of the petitioners herein is that the respondent State Government is not granting the sanction to the petitioner No.1 to appoint the Inspectors under Section 26A of the Act of 1948. The petitioners have assailed the inaction on the part of the State Government in not framing the Rules in terms with Section 46(2)(ff) of the Act of 1948. The petitioners have also assailed the order dated 28.07.2021, whereby the Principal Secretary to the Government of Assam, Health and Family Welfare Department has rejected the proposal of the petitioners to appoint Inspectors under Section 26A of the Pharmacy Act of 1948.
3. In order to deal with the grievance of the petitioners this Court finds it relevant to take note of the Act of 1948. The said Act of 1948 was enacted to make better provisions for the re
The court established that the State Government must create rules for the qualifications and duties of Inspectors under the Pharmacy Act 1948, as their roles are distinct from those under the Drugs a....
The State can prescribe additional qualifications for Drug Inspectors beyond the minimum qualifications set by Central rules without contravening them.
State governments cannot impose additional qualifications for Drug Inspectors as the field is occupied by Central legislation, rendering such state rules invalid.
The State Government lacks authority to conduct inspections of Pharmacy institutions, which is expressly reserved for the Pharmacy Council of India under the Pharmacy Act, 1948.
A person who is appointed an Inspector under the Act shall be a person who has a degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialisation in Clinical Pharmacology or Microbiology....
A diploma in pharmacy must be approved by the Pharmacy Council of India for registration as a pharmacist under the Pharmacy Act, 1948.
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