Disposed

Kerala Pharmacists Organization v. the State of Kerala

Kerala HC1 Dec 2016WP(C)/11396/2016

Case brief

AI extract

What is this about?

In this writ petition, the Kerala Pharmacists Organization alleged violations of the Pharmacy Act and Regulations regarding unqualified pharmacist dispensing and working hours. The High Court directed respondents to ensure compliance, employ qualified pharmacists, and take severe action against violators.

What did the court decide?

Direction to ensure medicines dispensed by qualified pharmacists per regulations and strict implementation of working hours.

Kerala Pharmacists Organization Vs the State of Kerala — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938

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WP(C).No. 11396 of 2016 (Y)

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PETITIONER(S):

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KERALA PHARMACISTS ORGANIZATION,

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REG. NO.WYD/CA/17/2016,

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REG. OFFICE ARPITHA, CHOLAVAYAL, KALPETTA -673 121, REPRESENTED BY ITS SECRETARY, PREMJI M.P

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BY ADV. SRI.BIJU .C. ABRAHAM.

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM -695 001.

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3. THE DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM- 695 001.

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4. THE REGISTRAR, KERALA STATE PHARMACY COUNCIL, THIRUVANANTHAPURAM- 695 001.

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R1 TO R3 BY SR. GOVT. PLEADER SMT.K.R. DEEPA. R4 BY ADV. SRI.P.B.SAHASRANAMAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 11396 of 2016 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1: TRUE COPY OF THE PRESCRIBED FORM OF DECLARATION OF REGISTERED PHARMACIST TO BE SUBMITTED FOR RENEWAL OF DRUGS LICENSE.

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EXT.P2: TRUE COPY OF THE RELEVANT PORTION OF THE PHARMACY ACT 1948 AND THE RELEVANT RULES AND GUIDELINES.

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EXT.P3: TRUE COPY OF THE CIRCULAR DATED 20/10/2015 ISSUED BY THE 1ST RESPONDENT.

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EXT.P4: TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN MATHRUBHOOMI DAILY DATED 08/02/2016.

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EXT.P5 TRUE COPY OF THE NEWSPAPER REPORT IN JENMABHOOMI DATED 28/02/2016.

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EXT.P5(A) TRUE COPY OF THE NEWSPAPER REPORT IN MATHRUBHOOMI DATED 10/02/2016.

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EXT.P5(B) TRUE COPY OF THE NEWSPAPER REPORT DATED 28/02/2016.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J.

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W.P.(C)No. 11396 of 2016

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Dated this the 1^st day of December, 2016

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J U D G M E N T

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Petitioner is a registered organisation of

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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.

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Fourth respondent has filed a counter affidavit

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W.P.(C)No. 11396 of 2016 2

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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.

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Third respondent has also filed a Counter

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W.P.(C)No. 11396 of 2016 3

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affidavit almost in similar lines, and the contentions raised in the counter affidavit need not be repeated because 3^rd 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.

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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

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W.P.(C)No. 11396 of 2016 4

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that working hours provided under the rules and

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regulations are also strictly implemented.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE.

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rmm/2/12/2016

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[ True copy]

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P.A. to Judge

Kerala Pharmacists Organization v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Kerala Pharmacists Organization v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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