HC directs states to grant reasonable time for pharmacists to transfer registration
The Punjab and Haryana High Court has directed Punjab not to bar pharmacist candidates from other states merely because they are not registered with the Punjab Pharmacy Council before the cut-off date. “There is no infirmity in imposing the condition/requirement of registration with the particular State as pharmacist, whereas debarring others would amount to discrimination,” the court ruled.
Laying stress on fairness and adherence to the Pharmacy Act, the court observed that denying candidates adequate time for registration transfer would amount to discrimination and could unjustly exclude meritorious applicants.
“It is the requirement of Pharmacy Act that a person should be registered with the Pharmacy Council of the State in which he is to carry on his profession or business of pharmacy. Different persons from different States get themselves registered with their State and as and when there is any recruitment, they get their registration transferred to the State wherein they apply for the job. If required time period for transfer is not granted in public interest, it would amount to debarring them from participating in the recruitment of the States other than their own,” the Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma observed.
Referring to the legislative intent behind the Pharmacy Act, the Bench observed it was enacted to ensuring only persons attaining minimum standard of professional education should be permitted to practice the profession of pharmacy.
As far as the Central Council of Pharmacy was concerned, the court observed it prescribed educational standards and maintained a register of qualified pharmacists. “Every person who has attained the minimum standard of professional education as per the requirement of Pharmacy Council of India is required to be registered in the register of State in which he is for the time being residing or carrying on his profession or business of pharmacy.”
The court also upheld the condition in the Punjab Health and Family Welfare Technical (Group ‘C’) Service Rules, 2016, requiring pharmacists to be registered with the Punjab Pharmacy Council. The ruling came as the Bench dismissed a bunch of petitions after noticing the candidates were registered with the Punjab Pharmacy Council only after the cut-off date of August 31, 2020.
The court clarified: “The selection process is of the year 2020… and one of the basic and professional qualifications as per the advertisement is that he should be registered as pharmacist with the Punjab Pharmacy Council and undisputedly the date of registration with the Punjab Pharmacy Council of all the petitioners is after the cut-off date i.e. 31.08.2020. Therefore, they are not entitled to any relief.”
