PHARMACY COUNCIL OF INDIA Vs. DR. ATMARAM DARIYANI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against the Judgment dated 24th July, 2002 passed by the learned Single Judge of the High Court of Madhya Pradesh, Jabalpur. By the said Judgment, the High Court allowed the Writ Petition filed by the respondents injuncting Chhattisgarh Pharmacy Council from proceeding with renewal of registration granted by the Madhya Pradesh Pharmacy Council before the reorganization of the latter under the Madhya Pradesh Reorganization Act, 2000 ("MROA" for brevity). By a separate judgment in C.A. No. 8121 of 2004, we disposed of another connected matter giving certain directions with reference to various provisions of the Pharmacy Act, 1948 and the Bihar Reorganization Act, 2000. In that case, the issue was whether the new State of Jharkhand can again undertake exercise under Section 30 of the Pharmacy Act for preparing the First Register of Pharmacists having regard to Sections 84 and 85 of the Bihar Reorganization Act which is same as the laws made by the erstwhile Bihar and their application to the territories included in the new State of Jharkhand. The law laid down therein and some of the conclusions to the extent they are relevant would also apply to this appeal. However, having regard to the difference in the factual background, we propose to deal with this appeal by this separate order.

(3.) After coming into force of the Pharmacy Act, the State of Madhya Pradesh prepared the First Register. In 1953, the Pharmacy Council framed Education Regulations which were amended from time to time, the latest being the Education Regulations, 1991 notified on 11.07.1992. The State of Chhattisgarh was formed comprising certain territories of the erstwhile Madhya Pradesh and Sections 78 and 79 of the Reorganization Act deal with territorial extent of laws and power to adapt laws. It may be mentioned that by reason of these two provisions, the laws made by the State of Madhya Pradesh before reorganization shall continue to apply even to the territories which stood included in the new State of Chhattisgarh.