IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938
WP(C).No. 11396 of 2016 (Y)
----------------------------
PETITIONER(S):
-----------------------
KERALA PHARMACISTS ORGANIZATION,
REG. NO.WYD/CA/17/2016,
REG. OFFICE ARPITHA, CHOLAVAYAL,
KALPETTA -673 121, REPRESENTED BY ITS SECRETARY,
PREMJI M.P
BY ADV. SRI.BIJU .C. ABRAHAM.
RESPONDENT(S):
-------------------------
1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARYTO GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILYWELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2. THE DIRECTOR OF HEALTH SERVICES,
THIRUVANANTHAPURAM -695 001.
3. THE DRUGS CONTROLLER,
OFFICE OF THE DRUGS CONTROLLER,
THIRUVANANTHAPURAM- 695 001.
4. THE REGISTRAR,
KERALA STATE PHARMACY COUNCIL,
THIRUVANANTHAPURAM- 695 001.
R1 TO R3 BY SR. GOVT. PLEADER SMT.K.R. DEEPA.
R4 BY ADV. SRI.P.B.SAHASRANAMAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 11396 of 2016 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1: TRUE COPY OF THE PRESCRIBED FORM OF DECLARATION OF
REGISTERED PHARMACIST TO BE SUBMITTED FOR RENEWAL
OF DRUGS LICENSE.
EXT.P2: TRUE COPY OF THE RELEVANT PORTION OF THE PHARMACY ACT
1948 AND THE RELEVANT RULES AND GUIDELINES.
EXT.P3: TRUE COPY OF THE CIRCULAR DATED 20/10/2015 ISSUED BY
THE 1ST RESPONDENT.
EXT.P4: TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN
MATHRUBHOOMI DAILY DATED 08/02/2016.
EXT.P5 TRUE COPY OF THE NEWSPAPER REPORT IN JENMABHOOMI
DATED 28/02/2016.
EXT.P5(A) TRUE COPY OF THE NEWSPAPER REPORT IN MATHRUBHOOMI
DATED 10/02/2016.
EXT.P5(B) TRUE COPY OF THE NEWSPAPER REPORT DATED 28/02/2016.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
SHAJI P. CHALY, J.
-------------------------------
W.P.(C)No. 11396 of 2016
-------------------------------
Dated this the 1st day of December, 2016
J U D G M E N T
-------------------
Petitioner is a registered organisation of
Pharmacists. The grievance voiced by the petitioner in
this writ petition is that, in violation of the provision of
the Pharmacy Act, 1948, Drugs and Cosmetics Act, 1940
and the Rules 1945, Pharmacy Practice Regulations 2015,
and the law regulating the working hours of the
Pharmacist etc. are being flouted. According to the
petitioner, the dispensation of medicine is done in the
absence of pharmacist qualified as per the provisions of
the aforesaid acts, and the Government is not taking any
steps to ensure that the illegalities committed by various
medicine dispensation units in private and public sector
are being done in accordance with the provisions of the
Act and Rules specified above. These are the background
facts of this writ petition.
2. Fourth respondent has filed a counter affidavit
W.P.(C)No. 11396 of 2016 2
stating that, the Kerala State Pharmacy Council is
established under the Pharmacy Act, 1948 with the main
objective of the Council to regulate the profession and
practice of pharmacy in Kerala. Based on that council is
giving registration as a registered pharmacist to those
qualified persons under Section 32(2) of the said Act. The
council has also appointed Pharmacy Inspectors in all
districts for the strict implementation of the pharmacy
Act, Rules, Pharmacy Practice Regulations, 2015. It is
also stated that Pharmacy Inspectors are regularly
inspecting the medical stores which are storing medicines
and dispensing the same. The Pharmacy Practice
Regulations, 2015 was notified in the Gazette of India on
15.01.2015 and on the basis of which Ext.P3 Circular has
been issued. It is also submitted that medical shops are
to comply with the Rules and Regulations in vogue. It is
also stated all the medicine dispensing units of the State
Government also is to absolutely follow the provisions of
law and Regulations, 2015.
3. Third respondent has also filed a Counter
W.P.(C)No. 11396 of 2016 3
affidavit almost in similar lines, and the contentions raised
in the counter affidavit need not be repeated because 3rd
respondent is also of the opinion that without a
pharmacist dispensation of medicines cannot be carried
out either in the private sector or in the public sector.
4. Taking note of the respective submissions made
across the bar and perusal of the documents and
pleadings put forth by the respective parties, I am of the
considered opinion that, the medical shops in private
sector as well as in public sector and all medicine
dispensing units in the private sector and public sector
are bound to follow the provisions of respective Acts and
Rules and Regulations, 2015. That being the situation,
there will be a direction to the respondents to ensure
that, the medicines are dispensed by the said units
absolutely following the provisions and regulations and
employing qualified pharmacist in the said units. If any
violation is committed by any medical shops or other
dispensing unit severe action shall be taken against the
said persons without fail. Respondents shall also ensure
W.P.(C)No. 11396 of 2016 4
that working hours provided under the rules and
regulations are also strictly implemented.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,
JUDGE.
rmm/2/12/2016
[ True copy]
P.A. to Judge
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938
WP(C).No. 11396 of 2016 (Y)
----------------------------
PETITIONER(S):
-----------------------
KERALA PHARMACISTS ORGANIZATION,
REG. NO.WYD/CA/17/2016,
REG. OFFICE ARPITHA, CHOLAVAYAL,
KALPETTA -673 121, REPRESENTED BY ITS SECRETARY,
PREMJI M.P
BY ADV. SRI.BIJU .C. ABRAHAM.
RESPONDENT(S):
-------------------------
1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARYTO GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILYWELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2. THE DIRECTOR OF HEALTH SERVICES,
THIRUVANANTHAPURAM -695 001.
3. THE DRUGS CONTROLLER,
OFFICE OF THE DRUGS CONTROLLER,
THIRUVANANTHAPURAM- 695 001.
4. THE REGISTRAR,
KERALA STATE PHARMACY COUNCIL,
THIRUVANANTHAPURAM- 695 001.
R1 TO R3 BY SR. GOVT. PLEADER SMT.K.R. DEEPA.
R4 BY ADV. SRI.P.B.SAHASRANAMAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 11396 of 2016 (Y)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1: TRUE COPY OF THE PRESCRIBED FORM OF DECLARATION OF
REGISTERED PHARMACIST TO BE SUBMITTED FOR RENEWAL
OF DRUGS LICENSE.
EXT.P2: TRUE COPY OF THE RELEVANT PORTION OF THE PHARMACY ACT
1948 AND THE RELEVANT RULES AND GUIDELINES.
EXT.P3: TRUE COPY OF THE CIRCULAR DATED 20/10/2015 ISSUED BY
THE 1ST RESPONDENT.
EXT.P4: TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN
MATHRUBHOOMI DAILY DATED 08/02/2016.
EXT.P5 TRUE COPY OF THE NEWSPAPER REPORT IN JENMABHOOMI
DATED 28/02/2016.
EXT.P5(A) TRUE COPY OF THE NEWSPAPER REPORT IN MATHRUBHOOMI
DATED 10/02/2016.
EXT.P5(B) TRUE COPY OF THE NEWSPAPER REPORT DATED 28/02/2016.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
SHAJI P. CHALY, J.
-------------------------------
W.P.(C)No. 11396 of 2016
-------------------------------
Dated this the 1st day of December, 2016
J U D G M E N T
-------------------
Petitioner is a registered organisation of
Pharmacists. The grievance voiced by the petitioner in
this writ petition is that, in violation of the provision of
the Pharmacy Act, 1948, Drugs and Cosmetics Act, 1940
and the Rules 1945, Pharmacy Practice Regulations 2015,
and the law regulating the working hours of the
Pharmacist etc. are being flouted. According to the
petitioner, the dispensation of medicine is done in the
absence of pharmacist qualified as per the provisions of
the aforesaid acts, and the Government is not taking any
steps to ensure that the illegalities committed by various
medicine dispensation units in private and public sector
are being done in accordance with the provisions of the
Act and Rules specified above. These are the background
facts of this writ petition.
2. Fourth respondent has filed a counter affidavit
W.P.(C)No. 11396 of 2016 2
stating that, the Kerala State Pharmacy Council is
established under the Pharmacy Act, 1948 with the main
objective of the Council to regulate the profession and
practice of pharmacy in Kerala. Based on that council is
giving registration as a registered pharmacist to those
qualified persons under Section 32(2) of the said Act. The
council has also appointed Pharmacy Inspectors in all
districts for the strict implementation of the pharmacy
Act, Rules, Pharmacy Practice Regulations, 2015. It is
also stated that Pharmacy Inspectors are regularly
inspecting the medical stores which are storing medicines
and dispensing the same. The Pharmacy Practice
Regulations, 2015 was notified in the Gazette of India on
15.01.2015 and on the basis of which Ext.P3 Circular has
been issued. It is also submitted that medical shops are
to comply with the Rules and Regulations in vogue. It is
also stated all the medicine dispensing units of the State
Government also is to absolutely follow the provisions of
law and Regulations, 2015.
3. Third respondent has also filed a Counter
W.P.(C)No. 11396 of 2016 3
affidavit almost in similar lines, and the contentions raised
in the counter affidavit need not be repeated because 3rd
respondent is also of the opinion that without a
pharmacist dispensation of medicines cannot be carried
out either in the private sector or in the public sector.
4. Taking note of the respective submissions made
across the bar and perusal of the documents and
pleadings put forth by the respective parties, I am of the
considered opinion that, the medical shops in private
sector as well as in public sector and all medicine
dispensing units in the private sector and public sector
are bound to follow the provisions of respective Acts and
Rules and Regulations, 2015. That being the situation,
there will be a direction to the respondents to ensure
that, the medicines are dispensed by the said units
absolutely following the provisions and regulations and
employing qualified pharmacist in the said units. If any
violation is committed by any medical shops or other
dispensing unit severe action shall be taken against the
said persons without fail. Respondents shall also ensure
W.P.(C)No. 11396 of 2016 4
that working hours provided under the rules and
regulations are also strictly implemented.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,
JUDGE.
rmm/2/12/2016
[ True copy]
P.A. to Judge
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