RANJAN SINHA & ANR. versus AJAY KUMAR VISHWAKARMA & ORS.

Citation: [2017] 7 S.C.R. 194 · Decided: 03-07-2017 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Disposed off

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
D 
[2017] 7 S.C.R. 194 
RANJAN SINHA & ANR. 
v. 
AJAY KUMAR.VISHWAK.ARMA & ORS. 
(Civil Appeal No. 8121 of 2004) 
JULY03, 2017 
'•. 
(JAGDISH SINGH KHEHAR, CJI, N. V. RAMANA.AND. 
DR. D. Y. CHANDRACHUD, JJ.) .. 
Pharmacy Act, 1948: 
Object of the Act - Role of pharmacist. - Discussed - Drugs 
and Cosmetics Act, 1940. 
'. 
:... 
.. 
ss.31, 32 - First Register prepared by erstwhile State of Bihar 
is to be treated as tile First' Register for newly formed State of 
Jharkhand and State of Bihar·..:.~The First Register as prepared by 
the erstwhile State of Bihar is to h~ bifarcated based on the territor_ial 
. nexus with the residential address as provided by the pharmacists 
at the time of registration - The State of Jharkhand is at liberty to 
· · t<?ke all necessary steps to constitute a· State Coum;il .:.. Those 
pharmacists who are registered in the. First Register of the erstwhile 
State of Bihar, before the enforcement of Education Regulation made 
· E · by the Central Pharmaq Council, and who do not wish· to practice 
in the State in which their residential address falls are at liberty to 
register themselves in the other State in accordance with s.32(2) of 
the Pharmacy Act - However, such of those pharmacists whose 
names were registered in the First Register prepared by the erstwhile 
F 
State of Bihar, need to formally seek registration u/s.32(2) of the 
Act in the State of Jharkhand and they need not satisfy the 
qualification prescribed by the Education Regulation - Bihar 
Reorganization Act of 2000 - ss.84, 85 - Constitution of India -
G 
H 
Art.3. 
. 
s.32 - Subseque!Jt register - Ajier the Education Regulations 
came in force, only persons who possess qualification as prescribed 
by the Education Regulations are entitled to be registered - Thus, 
the qualifications as mentioned in s.31 would be relevant only till 
preparation of First Register uls.30 - Bihar Reorganization Act, 
2000. 
194 
RANJAN SINHA & ANR. v. AJAY KUMAR VISHWAKARMA 
19? 
Bih01• Reorganization Act, 2000: . 
A 
ss.84, 85 - All the laws immediately in force before the 
appointed date in the erstwhile Bihar shall be deemed to be 
applicable to the territori~s of Jharkhand and the territories of 
Bihar for the purpose of applicability of laws. 
When a new State is formed by law made by Parliament, 
whether the laws made by the existing State out of which a new 
State is formed continue to apply to the territories included in the 
new State - When the existing State territory is reorganized by the 
Parliament there is no change in Sovereignty - It is only adjustment 
B 
of territories by transferring some territories in the existing State to 
C 
a newly formed State - Therefore, all the laws which were applicable· 
to the territories of the re-organized State would continue to apply 
to the territories transferred to the new State uritil the latter either 
adapts or, subject to its competency amends or.repeals the existi_ng 
and applicable laws. 
· 
. D· 
Constitution of India..:. Art.3 - The principle of 'clean. slate' 
as applicable in international law is not applicable when 
reorganization takes place ·u/Art,3 of the Con.stitution ~ The 
reorganized States do not usually start as tabula rasa, ·rather they 
are successors of a pre-existing erstwhile States -
Bihar 
Reorganization Act, 2000. 
E 
Disposing of the appeal, the Court 
HELD: 1. After the enactment of Drugs and Cosmetics Act, 
1940 which prescribed the standard of quality of drugs sold. in 
India, 'the importance of the role played by a pharmacist .was 
realized. The Drug Rules, made under the Drugs and Cosmetics 
Act, prescribed that the medicines which were compounded on 
the prescription of medical practitioner can only be sold directly 
F 
by a pharmacist. In the absence of a qualified pharmacist, there 
was a threat to the general health of people in India. Therefore 
with a view to regulate the profession and practice of pharmacy, G 
Pharmacy Bill of 1947 was introduced in the Parliament. It was . 
referred to the Select Committee which made recommendations. 
Incorporating the same, the bill was passed. The statement of 
objects· and reasons makes it clear that only persons with 
minimum standard of professional education should be permitted H 
196 
SUPREME COURT REPORTS . 
[2017) 7 S.C.R. 
A to practice the profession of pharmacy and for that purpose; it 
was proposed to establish a Central Pharmacy Council with 
powers to prescribe minimum standards of pharmac

Excerpt shown. Read the full judgment & AI analysis in Lexace.