The division judge bench of Justice M.R. Shah and Justice M.M. Sundresh of the apex court in the case of Mukesh Kumar Vs The State of Bihar & Ors held that while considering the writ petition the High Court should bear in mind the public interest and the health of the citizen.
BRIEF FACTS
The factual matrix of the case is that there have been serious accusations made against the Bihar State Pharmacy Council and the State of Bihar for failing to act against fake pharmacists and/or for operating government hospitals and/or other hospitals without registered pharmacists. Because of their failure to act, the Bihar State Pharmacy Council and State Government's negligence has negatively impacted the citizens' health, and the High Court should have ordered them to file the statutorily required documents. The health of the populace will ultimately be affected by the operation of hospitals and dispensaries without a single licenced pharmacist on staff, by rogue pharmacists operating such facilities, or even by rogue pharmacists operating medical supply outlets. The health and lives of the citizens cannot be played with by the State Government or the Bihar State Pharmacy Council. Under the provisions of the Pharmacy Act, 1948 as well as the Pharmacy Practice Regulations, 2015, it is the duty cast upon the Pharmacy Council and the State Government to see that the hospitals/medical stores, etc. are not run by the fake pharmacist and are run by the registered pharmacist only. 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 are unsustainable.COURT’S OBSERVATION
The hon’ble court held that the impugned order passed by the high court disposing of the writ petition is hereby quashed and set aside. The matter is remanded to the High Court to consider the writ petition afresh after calling the detailed report/counter from the State of Bihar and Bihar State Pharmacy Council. While considering the writ petition the High Court should bear in mind the public interest and the health of the citizen.
CASE NAME- Mukesh Kumar Vs The State of Bihar & Ors
CITATION- CIVIL APPEAL NO. OF 2022
(@ SPECIAL LEAVE PETITION (C) NO. 8799 OF 2020)
CORUM- Justice M.R. Shah and Justice M.M. Sundresh
DATE- 29.11.22
Read Judgment
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments