Permitting fake pharmacists to function, will be playing with life of citizens: SC pulls Bihar Govt

The issue of fake pharmacists functioning in the State was raised by Mukesh Kumar who had filed a Public Interest Litigation before the Patna High Court. The petitioner alleged that in several government-run Hospitals, the persons, who are not a registered Pharmacist are being allowed to discharge the function of a Pharmacist. At some places, even the Clerks, Staff Nurse etc. have been assigned with the duty to be performed only by a registered Pharmacists, the plea had alleged.

This petition was disposed of by the High Court recording the submission that the Bihar State Pharmacy Council constituted a fact finding committee and its report was already forwarded to the State Government. The court had also clarified that only such those persons, who are eligible and fulfill the requisite conditions, can be registered with the Bihar State Pharmacy Council.

While considering the Special Leave Petition filed against the High Court order, the Apex Court bench of Justice M R Shah and Justice M M Sundresh observed;

"Nothing is on record what further steps are taken by the State Government to stop the fake pharmacists functioning in the State. It cannot be disputed that by permitting the fake pharmacists to run the medical stores and/or functioning, it will be playing with the life of the citizens. The State ought to have been vigilant to curb and stop the fake pharmacists."

Subsequently, the bench directed the State to file a counter affidavit explaining steps taken to stop the fake pharmacists from functioning and posted the case on November 21, 2022. It noted;

"At the request of learned counsel appearing on behalf of the State, to place on record by way of counter affidavit, what steps are taken to stop the fake pharmacists from functioning and more particularly, on the basis of the report submitted by the fact finding Committee constituted by Pharmacy Council of India/Bihar State Pharmacy Council, put up on 21.11.2022."

To view the original order, click on the link below: