The bench of Justice Mr. Shah and MM Sundresh observed that running of a medical store, hospital, or pharmacy by a fake pharmacist who is not registered will affect the health of the common people or the citizens.
The person named Mukesh Kumar had filed a Public interest Litigation before the Honourable Patna High court, and he alleged that there are a certain number of government hospitals where the person who is not the verified Pharmacist performing their duty as the registered verified pharmacist, also at some places the Clerks, nurses are given with such kind of duty which need to be performed by the registered pharmacist only thus this petition was disposed of by the Honourable High Court recording the submission and thus clarified that only those persons are eligible if all the conditions are fulfilled to get registered with The State of Bihar Pharmacy Council.
The Bench of Apex Court observed that the permit of the fake pharmacist to function in the medical stores, will lead to affect the health of the citizens and also the life of the citizens, the state should look after this and curb such fakes.
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The Apex Court stated and directed the High Court to submit the report from the Bihar State and Bihar State Pharmacy Council the reports must contain
- The number of government hospitals, private hospitals, and medical stores that are being run by a fake pharmacist or pharmacist who is not registered.
- If there is any fake Pharmacist
- Any such action to prevent such fakes
- If the Pharmacy Practice Regulation is being followed.
The Apex Court laid that the function should be discharged of such pharmacists who are not qualified as pharmacists, Justice Shah instructed the government to make sure that no hospital in the state shall sell or distribute any medicines without the help of a registered verified pharmacist if any such unauthorized person or untrained person distribute the medicine the wrong dose may cause serious health issues, and then who will be responsible for such, and thus the court added that they cannot permit the state Government to make fun or play with lives of people or the citizens.
In this case, the State government of Bihar passed on the blame to Bihar State Pharmacy Council, the government said that it’s the duty of the council to maintain the register and look after the enrollment of the pharmacist, it is the duty of the council to take action against such unregistered and non-verified pharmacist, as this may affect the life of the citizens, the honorable justice shah further said that by addition of the state government is that means that state government had no such responsibility, how the state government can give the permission to distribute the medicines by unauthorized people.
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