Thansiha vs Union Of India
2023 Latest Caselaw 8164 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                       WP(C) NO. 15872 OF 2021


PETITIONERS:

    1     THANSIHA,
          AGED 25 YEARS
          D/O. MOHAMMED ALI, PATHIL HOUSE, SOUTH TRITHALA,
          TRITHALA PO, PALAKKAD, PINCODE-679534.
    2     HYFA P.P.,
          AGED 27 YEARS
          D/O. ABDUL GAFOOR P.O., PANAYAMPADAN HOUSE, NERALA,
          VALAVANNUR P.O., MALAPPURAM, PIN CODE-676551.
    3     NAMITHA MANIYAN,
          AGED 25 YEARS
          D/O. MANIYAN K., AYILLIYAM HOUSE, VISHNUMANGALAM,
          MANJAMALA PO, THIRUVANANTHAPURAM, PINCODE-695313.
    4     AJMAL MOHAMMED,
          AGED 25 YEARS
          S/O. MOHAMMED ALI, KUNNATH (H), KOMBAM, KODAKKAD (PO),
          PALAKKAD, PINCODE-678583.
    5     ARYA SUBANTHU,
          AGED 23 YEARS
          D/O. G.SUBANTHU, KRISHNA MANDIRAM (HOUSE), ESI
          JUNCTION, PARIPPALLY PO, KOLLAM, PINCODE-691574.
    6     FATHIMA S.,
          AGED 25 YEARS
          D/O. M.SHANAVAS, KUNNIL VEEDU (H), KORANI PO, KORANI,
          THIRUVANANTHAPURAM, PINCODE-695104.
    7     THAMANNA V.K.,
          AGED 23 YEARS
          D/O.FATHIMA E., VALIYAKATH KONDOTTIYIL HOUSE, ANDATHODE
          PO, THRISSUR, PINCODE-679564.
    8     JASEENA C.V.,
          AGED 26 YEARS
          D/O. JAFAR M., CHORANGADAN VEETTIL HOUSE, KUNNAMANGALAM
          PO, MLA ROAD, KOZHIKODE, PIN CODE-673571.
          BY ADVS.
          SIMLA PRABHAKARAN
          MAHIN PRABHAKARAN
          BABILA K.K.
 WP(C) Nos. 15872 & 15889 of 2021

                                   :2:


RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
             FAMILY WELFARE, NEAR UDYOG BHAWAN METRO STATION,
             MAULANA AZAD RD., NEW DELHI, DELHI-110011.
     2       THE PHARMACY COUNCIL OF INDIA,
             REPRESENTED BY ITS REGISTRAR, PHARMACY COUNCIL OF
             INDIA, COMBINED COUNCIL'S BUILDING, KOTLA ROAD,
             AIWAN-E-GHALIB MARG, NEW DELHI-110002.
     3       THE PRESIDENT,
             THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCIL'S
             BUILDING, KOTLA ROAD, AIWAN-E-GHALIB MARG, NEW
             DELHI-110002.
     4       THE KERALA STATE PHARMACY COUNCIL,
             REPRESENTED BY ITS SECRETARY, M N V G ADIYODI
             MEMORIAL, PHARMACY BHAVAN, RED CROSS ROAD, NEAR
             GOVERNMENT HOSPITAL JUNCTION, PATTOOR,
             THIRUVANANTHAPURAM, PIN-695035.
     5       THE SECRETARY,
             MINISTRY OF CHEMICALS & FERTILIZERS, GOVT. OF INDIA,
             236 A, A-WING, 2ND FLOOR, SHASTRI BHAVAN, NEW DELHI-
             110001.
             BY ADVS.
             P.VIJAYAKUMAR
             DSG, SRI. S.MANU
             SOORAJ T.ELENJICKAL
             ASWIN KUMAR M J


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, ALONG WITH WP(C)No. 15889/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 15872 & 15889 of 2021

                                    :3:




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                         WP(C) NO. 15889 OF 2021
PETITIONERS:

     1       ASHIQUE E.P
             AGED 25 YEARS
             S/O. UMMER.E.M., ERADIPARAMBATH HOUSE, VELLALASSERY,
             KOZHIKODE DISTRICT,PIN-673 601
     2       JIJI.K.
             AGED 29 YEARS
             D/O. K.JAYAPRAKASHAN, KALPAKASSERY HOUSE, CHULOOR
             POST, CALICUT,PIN-65873 601
     3       SULFATH T.S.
             AGED 26 YEARS, D/O.T.S.SIDHICK, ERADIPARAMBATH
             HOUSE, VELLALASSERY, KOZHIKODE DISTRICT,PIN-673 61
             BY ADVS.
             SIMLA PRABHAKARAN
             MAHIN PRABHAKARAN
             BABILA K.K.
             PRAVEEN K.V


RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
             FAMILY WELFARE, NEAR UDYOG BHAWAN METRO STATION,
             MAULANA AZAD RD, NEW DELHI-110 011
     2       THE PHARMACY COUNCIL OF INDIA,
             REPRESENTED BY ITS REGISTRAR, PHARMACY COUNCIL OF
             INDIA, COMBINED COUNCILS BUILDING, KOTLA ROAD,
             AIWAN-E-GHALIB MARG, NEW DELHI-110 002
     3       THE PRESIDENT,
             THE PHARMACY COUNCIL OF INDIA, COMBINED COUNCILS
             BUILDING, KOTLA ROAD, AIWAN-E-GHALIB MAR, NEW DELHI-
             110 002
     4       THE KERALA STATE PHARMACY COUNCIL,
             REPRESENTED BY ITS SECRETARY MNVG ADIYODI MEMORIAL,
             PHARMACY BHAVAN, RED CROSS ROAD, NEAR GOVERNMENT
             HOSPITAL JUNCTION,PATTOOR, THIRUVANANTHAPURAM,PIN-
             695 035
     5       THE SECRETARY,
 WP(C) Nos. 15872 & 15889 of 2021

                                   :4:

             MINISTRY OF CHEMICALS & FERTILIZERS, GOVERNMENT OF
             INDIA, 236 A, A-WING, 2ND FLOOR, SHASTRI BHAVAN, NEW
             DELHI-110 001
             BY ADVS.
             SHRI.P.VIJAYAKUMAR, ASG OF INDIA
             SOORAJ T.ELENJICKAL
             ASWIN KUMAR M J
             DSG, SRI. S.MANU


      THIS     WRIT    PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.08.2023, ALONG WITH WP(C) No.15872/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 15872 & 15889 of 2021

                                   :5:



                        VIJU ABRAHAM , J.
             ===========================
               WP(C) Nos. 15872 & 15889 of 2021
             ============================
              Dated this the 1st day of August, 2023

                              JUDGMENT

In these writ petitions petitioners challenges an amendment

brought out to the Pharmacy Regulations Act, 2019 (Ext P4 in WP(C)

No.15872/2021), not to consider M.Pharm (Pharmacy Practice) as a

sufficient qualification for appointment as clinical pharamacist in

hospitals.

2. Petitioners are candidates possessing M.Pharm (Pharmacy

Practice). When the matter was taken up for consideration the

learned DSG pointed out on the strength of the counter affidavit filed

on behalf of respondent Nos. 1 and 2, that in view of the several

representation received from all over the country requesting to

include M.Pharm (Pharmacy Practice) as also an eligible qualification

for the post of Clinical Pharmacist, the matter was reviewed by the

council and placed the matter in the 357 th executive committee held

in January 2022 of the Council and it was decided to include M.Pharm

(Pharmacy Practice) also as eligible qualification for the post of

clinical pharamacist. Accordingly, the Pharmacy Council of India has

issued a letter dated 01.02.2022 to State Governments/Union

Territories and sought their comments and the time periods for going WP(C) Nos. 15872 & 15889 of 2021

through such comments was fixed as 02.05.2022 and that now the

matter is under active consideration of the Government for issuing

necessary gazette notification in this regard.

3. In view of the said stand taken by respondent Nos. 1 and 2

in their counter affidavit, the grievance raised by the petitioners is

substantially redressed. What remains is only implementation of the

decision of the Pharmacy Council which is reflected in paragraph 7

and 8 of the counter affidavit. Therefore the above writ petitions are

disposed of with a direction to respondent Nos. 1 and 2 to implement

their decision at the earliest, at any rate within an outer time limit of

three months from the date of receipt of a copy of this judgment.

With the above said direction, the writ petitions are disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

WP(C) Nos. 15872 & 15889 of 2021

APPENDIX OF WP(C) 15889/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE HOSPITAL CARD NO.005919 ISSUED BY THE IQRAA INTERNATIONAL HOSPITAL & RESEARCH CENTRE TO THE 1ST PETITIONER Exhibit P1A TRUE COPY OF THE HOSPITAL CARD NO.006597 ISSUED BY THE IQRAA INTERNATIONAL HOSPITAL & RESEARCH CENTRE TO THE 2ND PETITIONER Exhibit P1B TRUE COPY OF THE HOSPITAL CARD NO.006008 ISSUED BY THE IQRAA INTERNATIONAL HOSPITAL & RESEARCH CENTRE TO THE 3RD PETITIONER Exhibit P2 TRUE COPY OF THE PHARMACY PRACTICE REGULATIONS 20156 ISSUED AS NOTIFICATION NO.14-148/2021/PCI DATED 15.01.2015 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE AMENDMENT ISSUED AS NOTIFICATION NO.14-148/2012 PCI DATED 30.06.2021 PUBLISHED IN THE OFFICIAL GAZETTE ON 5.7.201 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE SCHEME AND SYLLABUS OF MASTER OF PHARMACY, 2014 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE PHARM D REGULATION 2008 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE EMAIL LETTER DATED 8.7.2021 SEND BY THE 1ST PETITIONER TO THE 2ND RESPONDENT Exhibit P6A TRUE COPY OF THE EMAIL LETTER DATED 9.7.2021 SEND BY THE ALL KERALA PHARMACISTS UNION TO THE 2ND RESPONDENT DATED THIS THE 26TH DAY OF JULY 2021 Exhibit P6B TRUE COPY OF THE EMAIL LETTER DATED 7.7.2021 SEND BY THE KERALA PRIVATE PHARMACIST ASSOCIATION TO THE 2ND RESPONDENT Exhibit P6C TRUE COPY OF THE EMAIL LETTER DATED 23.7.2021 SEND BY THE KERALA GOVT., PHARMACISTS ASSOCIATION TO THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 24.07.2021 RESPONDENT EXHIBITS Exhibit R1(a) . The relevant portion of Pharmacy WP(C) Nos. 15872 & 15889 of 2021

Practice Regulations, 2015 (PPR-15) Exhibit R1(b) copy of the Pharmacy Practice (Amendment) Regulations, 2021 Exhibit R1(c) copy of the letter dated 1.02.2022 issued to the State Governments and UT WP(C) Nos. 15872 & 15889 of 2021

APPENDIX OF WP(C) 15872/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE M.PHARM CERTIFICATE DATED 28.1.2021 ISSUED BY THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR TO THE 1ST PETITIONER.

Exhibit P1(A) TRUE COPY OF THE M.PHARM CERTIFICATE DATED 28.1.2021 ISSUED BY THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR TO THE 2ND PETITIONER.

Exhibit P1(B) TRUE COPY OF THE M.PHARM CERTIFICATE DATED 28.1.2021 ISSUED BY THE VICE CHANCELLOR, KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR TO THE 3RD PETITIONER.

Exhibit P2 TRUE COPY OF THE STUDENT ID CARD NO.20190379 ISSUED BY THE PRINCIPAL, AL SHIFA COLLEGE OF PHARMACY, MALAPPURAM TO THE 4TH PETITIONER.

Exhibit P2(a) TRUE COPY OF THE STUDENT ID CARD ISSUED BY THE PRINCIPAL, GOVT. MEDICAL COLLEGE, KOZHIKODE TO THE 5TH PETITIONER.

Exhibit P2(B) TRUE COPY OF THE STUDENT ID CARD NO.42219 ISSUED BY THE PRINCIPAL, GOVT. MEDICAL COLLEGE, KOZHIKODE TO THE 6TH PETITIONER. Exhibit P2(C) TRUE COPY OF THE STUDENT ID CARD ISSUED BY THE PRINCIPAL, GOVT. MEDICAL COLLEGE, KOZHIKODE TO THE 7TH PETITIONER.

Exhibit P2(D) TRUE COPY OF THE STUDENT ID CARD NO.43228 ISSUED BY THE PRINCIPAL, GOVT. MEDICAL COLLEGE, KOZHIKODE TO THE 8TH PETITIONER. Exhibit P3 TRUE COPY OF THE PHARMACY PRACTICE REGULATIONS 2015 ISSUED AS NOTIFICATION NO.14-148/2012-PCI DATED 15.1.2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE AMENDMENT ISSUED AS NOTIFICATION NO.14-148/2020-PCI DATED 30.6.2021 PUBLISHED IN THE OFFICIAL GAZETTE ON 5.7.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE TABLE OF CONTENTS SCHEME AND SYLLABUS OF MASTER OF PHARMACY, 2014 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE PHARM D REGULATION 2008 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE EMAIL LETTER DATED WP(C) Nos. 15872 & 15889 of 2021

8.7.2021 SEND BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P7(A) TRUE COPY OF THE EMAIL LETTER DATED 3.8.2021 SEND BY THE J & K GRADUATES' ASSOCIATION TO THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 24.7.2021.