The court upheld the respondents' decision to reject the petitioners' registration as Pharmacists based on qualifications not meeting the Pharmacy Act, 1948 criteria.

ORDER :

WP(C) No. 432/2021

01. In this petition, the petitioners are seeking the following relief:-

“A writ of Mandamus, directing the respondents particularly the respondent no. 4 to register the petitioners as Pharmacists and enter their names on the Register maintained by the Pharmacy Council of J&K.”

02. The instant petition has been filed by the petitioners and amongst them, the petitioners 1 to 4, at the time of filing of the instant writ petition, were working as Pharmacists in the respondent-Institute i.e., SKIMS and have served the said Institute for almost 35 years. The petitioners 1 to 4 have retired from service as Chief Pharmacists, whereas the petitioner no. 5, who, during the pendency of the instant petition, was working as Senior Pharmacist, has also retired from service as Chief Pharmacist.

03. Mr. N.A.Beigh, learned senior counsel appearing for the petitioners submits that the petitioners after having worked as Chief Pharmacists for years together, have gained a lot of experience in Pharmacy and, therefore, with a twin object to serve the people as Pharmacists after their retirement and to maintain it as a source of income, applied for their registration as Pharmacists before the J&K Pharmacy Council.

04. The specific case of the petitioners is that the petitioners are qualified and have the requisite experience as Pharmacists and, thus, possess the requisite qualification for being registered as Pharmacists and since the respondents have not registered them in conformity with law, they have filed the instant petition for redressal of their grievance as they are aggrieved of inaction on the part of respondents.

05. Learned counsel for the petitioners submits that petitioners have approached the respondents time and again for their registration as Pharmacists, but the respondents have not considered the petitioners for their registration as Pharmacists and entry on the register maintained in the Pharmacy Council of J&K Union Territory.

06. Mr. Beigh, learned senior counsel appearing for the petitioners with a view to fortify his claim has placed reliance on Section 31 of the Pharmacy Act, 1948, (for short “Act of 1948 ”), which is being applicable and a perusal whereof, provides that a person, who has the age of 18 years, shall be entitled on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of Pharmacy, in the State.

07. From the bare reading of aforesaid statutory provision with particular reference to Clause-(d) of Section 31 of the Act, it is amply clear that a person who has attained age of 18 years shall be entitled on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of Pharmacy in State and if he is engaged in compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years prior to the date notified under Sub-Section (2) of Section 30 of Pharmacy Act, 1948.

08. Mr. Beigh learned senior counsel places reliance on aforesaid statutory provision and has vehemently argued that in the instant case, the petitioners after their engagement/appointment in the respondent-Institute in Super Specialty Hospital got a great deal of experience as Pharmacists in the compounding of drugs in the said Institute and also in dispensing drugs on prescriptions of medical practitioners not only for a prescribed period of minimum 5 years but for decades, thus, there is no legal impediment which could come in the way of respondents to register them as Pharmacists in the Jammu and Kashmir Pharmacy Council and, accordingly, the respondents are under legal obligation qua the petitioners to register them as Pharmacists and have their entry on the register of J&K Pharmacy Council.

09. Per contra , reply has been filed on behalf of respondents, in which, t