1989 Supreme(P&H) 548
PUNJAB & HARYANA HIGH COURT
A.L.Bahri, J.
Gulshan Kumar
Versus
State Of Punjab
Civil Writ Petition No. 5537 of 1987,
Decided On : JULY 28, 1989
The guidelines issued by the Punjab Pharmacy Council for transfer of registration were not violative of Article 19(1)(g) of the Constitution. The Punjab Pharmacy Council could ask for the experience certificate on the basis of which the petitioners were registered as Pharmacists for the first time with the Madhya Pradesh Pharmacy Council.
Headnote:
PHARMACY ACT - REGISTRATION - TRANSFER - GUIDELINES ISSUED BY PUNJAB PHARMACY COUNCIL FOR TRANSFER OF REGISTRATION - VALIDITY - NOT VIOLATIVE OF ARTICLE 19(1)(G) OF THE CONSTITUTION.
Fact of the Case:
Petitioners, registered as Pharmacists in Madhya Pradesh, applied for registration with the Punjab Pharmacy Council by transfer. The Registrar rejected their applications for incomplete information. They filed an appeal before the Punjab Pharmacy Council, which was pending. They challenged the guidelines issued by the Punjab Pharmacy Council as violative of Article 19(1)(g) of the Constitution and filed a writ petition for a mandamus to direct the respondents to register them.
Finding of the Court:
The court held that the guidelines issued by the Punjab Pharmacy Council for transfer of registration were not violative of Article 19(1)(g) of the Constitution. The procedure for registration is governed by the provisions of the Punjab Pharmacy Act and the rules framed thereunder. The information asked for in the guidelines was clearly contemplated by the provisions of Section 32 of the Act and was necessary to verify the genuineness of the registration of the names for the first time in another State.
Issues: 1. Whether the guidelines issued by the Punjab Pharmacy Council for transfer of registration were violative of Article 19(1)(g) of the Constitution? 2. Whether the Punjab Pharmacy Council could ask for the experience certificate on the basis of which the petitioners were registered as Pharmacists for the first time with the Madhya Pradesh Pharmacy Council?
Ratio Decidendi: 1. The court held that the guidelines issued by the Punjab Pharmacy Council for transfer of registration were not violative of Article 19(1)(g) of the Constitution. The procedure for registration is governed by the provisions of the Punjab Pharmacy Act and the rules framed thereunder. The information asked for in the guidelines was clearly contemplated by the provisions of Section 32 of the Act and was necessary to verify the genuineness of the registration of the names for the first time in another State. 2. The court held that the Punjab Pharmacy Council could ask for the experience certificate on the basis of which the petitioners were registered as Pharmacists for the first time with the Madhya Pradesh Pharmacy Council. The Council, where transfer of registration is asked for, is entitled to satisfy that registration in the first instance was obtained genuinely.
Final Decision: The court dismissed the writ petition, finding no merit in it.
1. Gulshan Kumar and four others who were registered as Pharmacists in the State of Madhya Pradesh applied for registration with the Punjab Pharmacy Council by transfer. They were asked to furnish certain information. Since complete information was not furnished, the Registrar rejected their applications. They filed an appeal before the Punjab Pharmacy Council, which is stated to be pending. Since the petitioners challenged the guidelines issued by the Punjab Pharmacy Council, as being violative of the provisions of Article 19(1)(g) of the Constitution of India, they filed this writ petition under Articles 226 and 227 of the Constitution for issuing a mandamus directing the respondents to register the petitioners in the Punjab Pharmacy Council.
2. Annexure- P-1 attached to the writ petition is a certificate of registration issued by the Madhya Pradesh, Pharmacy Council, Bhopal in respect of Gulshan Kumar petitioner. This certificate was issued on January 28, 1984. Such like certificate as per the allegations in the petition, were issued to the other petitioners. Annexure- P-2 contains the guidelines issued by the Punjab Pharmacy Council on the subject of requirement of registration on migration. It reads as under:-
"Requirements of Registration on Migration. 1. Applicants to submit application in the prescribed form G available in the office of Punjab Pharmacy Council.
2. Original Certificate along with two attested photostat copies of the following:-
1. Registration Certificates.
2. Matric certificate indicating the date of birth.
3. Experience certificate or qualification certificate on the basis of which he/she was registered with that Council.
4. Certificate of experience after registration i.e. service licenced, Chemist shop etc.
5. Domicile certificate indicating the period of stay in the State of Registration before and after registration on giving address/addresses where stayed or an affidavit to this effect-
3. Registration fee Rs. 1000.00 in shape of crossed Bank Draft payable at Chandigarh in favour of Punjab Pharmacy Council. This amount can also be deposited in the account of Punjab Pharmacy Council with the State Bank of Patiala, S.C.O. No.439-40, Sector 35-C, Chandigarh, after verification of A/C No. by Punjab Pharmacy Council Office Assistant.
4. Two passport size photographs attested on the back by Gazetted Officer who personally knows the applicant.
5. Two envelopes 10" by 12" and stamps worth Rs. 10.00 . Note:-
1. After verification by the Registrar of documents submitted by the appellant, he will appear before the Executive Committee of Punjab Pharmacy Council for interview and viva-voce which in its term will make recommendation to the Punjab Pharmacy Counsel which has the final authority to allow or disallow the transfer of registration.
2. For those possessing diploma in Pharmacy or those who have undergone regular course of one year arranged by the State Government followed by a test, the Registrar himself is competent to allow the transfer of registration after verification.
3. No incomplete case will be entertained/accepted by this office."
3. The application of Gulshan Kumar petitioner was incomplete since he was asked to supply information with respect to items Nos. 3, 5 and 7 of the guidelines Annexure-P-2 as well as to submit attested photostat copies of Matric certificate as well as attested Photostat copies of registration certificate. Since these were not supplied the Registrar rejected his application vide Annexure-P-3. Annexure-P-4 is the consolidated appeal filed on behalf of the petitioners against the orders of the Registrar rejecting their applications. Annexures P-5 and P-6 are copies of the letters for verification of the registration made by Madhya Pradesh Pharmacy Council. Annexure-P-5 was written by the Registrar, Maharashtra State Pharmacy Council to the Madhya Pradesh Pharmacy Council in respect of one of the candidates Dharam Pal Babu Ram Jindal, making enquiry whether he