Fake pharmacists: Bihar government cannot play with citizens' health, Supreme Court says

The Supreme Court on Tuesday directed the Patna High Court to decide afresh a public interest litigation (PIL) filed against fake pharmacists in Bihar. (Mukesh Kumar v. State of Bihar and ors).A Bench of Justices MR Shah and MM Sundresh observed that the High Court should bear in mind public interest and health of citizens, and take up the plea for hearing within four weeks. The top court noted, "Running the hospitals/dispensaries in absence of any registered pharmacist and/or running such hospitals by fake pharmacist and even running the medical stores by fake pharmacist and without even any pharmacist will ultimately affect the health of the citizen. The State Government and the Bihar State Pharmacy Council cannot be permitted to play with the health and life of the citizen.".The appellant moved the present appeal before the Supreme Court challenging a December 2019 order of a Division Bench of the Patna High Court that dismissed his PIL.The petition before the High Court stated that in several government hospitals in Bihar, persons who were not registered pharmacists were selling medicines.The PIL had, accordingly, sought that the State government be directed to not allow such practices that are in violation of the Pharmacy Act. It also sought a direction to the concerned authorities to follow the Pharmacy Practice Regulations framed by the Pharmacy Council of India, for creation of dedicated pharmacist posts.Further, the plea sought the formation of an enquiry committee under Section 45(5) of the Pharmacy Act to probe into the functioning of the Bihar State Pharmacy Council, as it was allegedly granting licenses to fake pharmacists.The High Court had disposed of the petition after noting that the State Pharmacy Council had formed a fact-finding committee, and the petitioner was free to move the body in individual cases after due verification..The Supreme Court at the outset stated that the High Court had dealt with the matter "in a most casual manner'"Since the allegations were serious, the judges opined that the High Court ought to have directed the Bihar State Pharmacy Council to file a status report in this regard. "The manner in which the High Court has disposed of the public interest litigation – writ petition ventilating the very serious grievances touching the health and life of the citizen is disapproved. The High Court has failed to exercise the powers vested in it under Article 226 of the Constitution of India. The impugned judgment and order passed by the High Court disposing of the writ petition is unsustainable."The High Court was accordingly directed to call for a detailed report from the Bihar government and the Bihar State Pharmacy Council, on the following aspects:How many Governments’ hospitals/hospitals/medical stores/private hospitals are being run either by fake pharmacist or without registered pharmacist; Whether any action is taken by the State Government on the fact-finding committee report submitted by the Bihar State Pharmacy Council which was reported to be forwarded to the State Government; Whether there are any fake pharmacists as alleged in the writ petition; [If] Any action is taken by the State Government or by the Bihar State Pharmacy Council against such fake pharmacist; Whether the Pharmacy Practice Regulations, 2015, are being followed in the entire State of Bihar or not..Advocates Rachitta Rai, Amitesh Kumar Singh, Nandani Yadav appeared for the petitioners. Advocates Abhinav Mukerji, Pratishtha Vij, and Zoheb Hossain represented the respondents. .[Read judgment]