VIJAY MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD finally with the consent of learned counsel appearing for the parties.

(2.) C.W.P. No.3031/2007 has been filed by Mr. Vijay Mehta in which prayer has been made to direct the State of Rajasthan to ensure that he doctors prescribe medicines in their generic name and the doctors who fail to do so be appropriately dealt with by the Indian Medical Council and Rajasthan Medical Council. The Council be directed to take stern action against those doctors who act contrary to the provisions of the Indian Medical Council (Professional Conduct, Etiquette & Ethics) Regulation, 2002. Other prayers made in the writ application have not been pressed as such they are not being referred.

(3.) THERE is no different sets of standard for same drugs. Sections 21, 22 and 23 of the Drugs and Cosmetics Act, 1940 (referred to herein after as 'the Act of 1940') have also been referred to. The Government is bound to keep the price control of drugs so that they are available at affordable prices. Prayer has also been made to direct the Central Government to bring more drugs under the price control. It is contended that to ensure that the people of Rajasthan get the drugs at reasonable price, the Government of Rajasthan be directed to set up large number of outlets wherefrom the citizens of Rajasthan can get drugs at affordable price.