ARVINDBHAI B PATEL Vs. GUJARAT STATE PHARMACY COUNCIL

JUDGEMENT

(1.) In this group of Special Civil Application, common question involved is as to whether the respondent-Gujarat State Pharmacy Council (hereinafter referred to as 'Council') was right in cancelling the registration of the petitioners as Pharmacist. As all the Special Civil Applications involved common question of law and fact, they are being disposed of by way of this common judgment. For convenience, facts from Special Civil Application No. 4088/95 are taken as basic facts.

(2.) Respondent No. 1 Council was constituted in the year 1965, under the Pharmacy Act, 1948 (hereinafter referred to as 'the Act of 1948). The Council grants registration to persons holding Diploma or Degree, as Pharmacist under the provisions of the Act of 1948. However, in the year 1976, an amendment was made inserting Sec. 32-B. By this amendment, the persons whose names were approved as 'qualified persons' before 31.12.1969 for compounding or dispensing of medicine under the Drugs and Cosmetics Act, 1940 and the rules made thereunder were also made eligible for the registration. The relevant amended provision reads as follows :

(3.) The Gujrat State Vigilance Commission received certain information to the effect that a number of persons who are not qualified persons within the meaning of Sub-Sec. (1) of Sec. 32-B have obtained certificate fraudulently from the Gujarat State Pharmacy Council. The Vigilance Commission referred the matter to the CID Crime Branch for investigation. The investigation, revealed that during the period 1977-78, about 200 to 250 persons were granted registration on the basis of bogus certificate purported to have been issued by the Drugs Controller and Director of Medical Health Services, Madhya Pradesh and also by other authorities in the State of Rajasthan. The Drugs Controller of Madhya Pradesh informed the investigating agency that no such certificates were ever issued by them and in fact it is the District Collector and District Magistrate who is competent authority to issue such certificates. It also revealed that the signatures of the officer who purported to have issued such certificates as well as the office seal on the certificate were fabricated. A letter dated 11.6.1980 sent by the Controller, Food and Drugs Administration, Madhya Pradesh and Director of Medical and Health Services, Madhya Pradesh is placed on record. The number of persons who were granted registration as Pharmacists under the provisions of Sec., 32B (1) of the Act of 1948 stated that the certificate alleged to have issued by the Drug Controller, Madhya Pradesh were not obtained by them personally and they did not know as to how the then Registrar Mansukhani of the Gujarat State Pharmacy Council had obtained such certificates. They also stated that they never resided in Madhya Pradesh. As per the record of police, large number of persons had indulged in obtaining registration on the basis of bogus certificate. On account of lack of infrastructures. It was not possible for the Council to initiate proceedings for cancellation of registration against all the persons at a time. Thus the Council started with initiation of proceedings against some persons and their registration were cancelled. Oneof such persons challenged the decision of the Council by way of filing Special Civil Application before this Court which was registered as Special Civil Application No. 3848/81. This petition was rejected by this Court (Coram : A.M. Ahmadi, J. as His Lordship then was). The order reads as under :