The Supreme Court in the case Mukesh Kumar vs State of Bihar observed that it is the duty of State Government and Pharmacy Council to see that the hospitals or medical stores etc., are not being run by the fake pharmacist and are only run by the registered pharmacist.
The bench comprising of Justice MR Shah and Justice MM Sundresh observed while restoring a Public Interest Litigation before the Patna High Court that raised this issue that running of the dispensaries or hospitals in absence of any registered pharmacist and/or running of such hospitals by fake pharmacist and even running of the medical stores by fake pharmacist and even without any pharmacist will ultimately affecting the health of the citizen.
In the present case, a Public Interest Litigation has been filled by one Mukesh Kumar before the Patna High Court in which he alleged that in various Government Hospitals, the persons who are not being a registered Pharmacist are not being allowed for discharging the function of a Pharmacist. The plea alleged that at some places even the Clerks, Staff Nurse etc. have been assigned with the duty or to be performed only by a registered Pharmacists. The high disposed of the pleas wherein recording the submission that the Bihar State Pharmacy Council constituted a fact finding committee and its report which is already forwarded to the State Government. It has also been clarified by the court that only such those persons, who are eligible and fulfil the requisite conditions, can be registered with the Bihar State Pharmacy Council.
The Apex Court observed during the previous hearing of the Special leave petition against this judgement observed and has stated that by permitting the fake pharmacists to run the medical stores and/or functioning, it will also be playing with the life of the citizens. It was observed that the state ought to have been vigilant to stop and curb the fake pharmacists.
The bench while disposing of the appeal observed that the writ petition filled raised a very serious grievances which are touching the life and health of the citizen.
The bench stated while allowing the appeal and restoring the PIL before the High Court that running of the hospitals or dispensaries in absence of any registered pharmacist and/or running such hospitals by fake pharmacist and even running of the medical stores by fake pharmacist and even without any pharmacist will ultimately affect the health and life of the citizen. The Bihar State Pharmacy Council and the State Government cannot be permitted to play with the health and life of the citizens.
However, the court directed the High Court to call for an detailed report or counter from the State of Bihar and Bihar State Pharmacy Council on (i) how many Governments’ hospitals/hospitals, the medical stores, the private hospitals are being run either by fake pharmacist or without registered pharmacist (ii) whether the State Government taking any action on the fact-finding committee report submitted by the Bihar State Pharmacy Council which was being reported to forward to the State Government. iii) whether there being any fake pharmacists as it is alleged in the writ petition iv) any action which is taken by the Bihar State Pharmacy Council and the State Government against such fake pharmacist; (v) In the entire State of Bihar, whether the Pharmacy Practice Regulations, 2015 are being followed or not.