SABIRA Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition and the contempt case are materially connected, and therefore, I heard them together and propose to deliver a common judgment/order. The writ petition is filed seeking to quash Exts.P7 and P8 communications issued by the 2nd respondent dated 24.06.2016 and 28.10.2016 respectively, so far as concerning the distribution of medicines through unqualified Pharmacists and for other consequential reliefs. Material facts for the disposal of the cases are as follows:

(2.) Petitioner is a registered pharmacist, whose name is entered in the register maintained by the 4th respondent under Sec. 29 of the Pharmacy Act, 1948, evident from Ext. P1. The writ petition is filed challenging the action of the 2nd respondent, issuing orders, directing that medicines can be dispensed to patients by persons who are not qualified to do so. According to the petitioner, in terms of Sec. 42 of Pharmacy Act, 1948, no other person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner. The 3rd and 4th respondents are constituted under Sections 3 and 19 of the Pharmacy Act, 1948 respectively.

(3.) The 2nd respondent issued a circular dated 02.05.2013, pointing out that many unqualified persons are performing the duties of Pharmacists in various Government Hospitals and that the same is in violation of Sec. 42 of the Act and reminded all concerned that violation of the said Sec. is a punishable offence, evident from Ext.P Subsequently, Pharmacy Practice Regulations, 2015 were brought into force by the 3rd respondent. The General Council meeting of the 4th respondent held on 25.06.2015 resolved strict implementation of the said Regulations for the "safety of common man who are deprived by the irrational use of drugs". Thereupon, 1st respondent issued a circular dated 20.10.2015, directing all concerned that the instructions contained in Pharmacy Practice Regulations, 2015 shall be strictly complied with and any laxity in compliance with the regulations will be viewed seriously, evident from Ext.P4.