The Gujarat High Court has come to the rescue of D.Pharm students who were denied registration as 'Pharmacist' by the State Pharmacy Council on the ground that they have not undertaken training from medical stores approved the the Pharmacy Practice Regulations, 2015.
A single bench of Justice AS Supehia noted that the Pharmacy Council of India has not approved any medical store under the Regulation for the purpose of imparting practical training to the students of Diploma in Pharmacy Course like the present petitioners.
In this backdrop it held,
"The petitioners cannot be faulted for the action of the respondent authorities in not approving the medical stores under regulation 4.4 of the Regulation of 2015 and hence, the petitioner has no option to take their training from the respective medical stores."
The Petitioner students claimed that the State Council was not registering them as Pharmacists despite having undertaken the necessary training of 500 hours for three months from the respective medical stores.
The State authorities had admitted that all documents of the Petitioners were genuine, however, the registration was denied solely for the aforesaid reason. Further, one of the governmental circulars had clarified that the process for granting approval of Pharmacy/Chemist and Druggist will be notified through the online mode. But the same was targeted at "prospective students" only.
The High Court noted that in order to avoid hardship to current students, who had already undergone or undergoing the D.Pharm course while taking the practical training under the Pharmacy, Chemist and Druggist licensed under the Drugs and Cosmetics Act, 1940, students will be considered for the registration as per precedence, provided the students had undergone the D.Pharm course in an institution approved under PCI u/s 12 of the Act.
Keeping in view these circumstances, the High Court directed the State Council to register the Petitioners as Pharmacists within three months.
Case No.: C/SCA/19626/2018
Case Title: OZA NIKUN DASHRATHBHAI v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 323