Around 2,000 pharmacists/compounders, were restrained by the high court.
The Bombay high court has restrained around 2,000, pharmacists/compounders, appointed by the state government in 1984, to work in hospitals, primary health care centres and other state run hospitals and dispensaries, from handling medicines, as they are not qualified pharmacists.
The division bench of Justice PB Majmudar and Justice A Sayed, in their order while rejecting the petition filed by Shasakiya Nimshasakiya Aushadh Nirmata Mishrak Sanghatana, has observed that, “Even though it may be true that the members of the association are successfully handling the medicines, yet it is dangerous to allow them to continue with the said work when they are not qualified as per the Pharmacy Act.”
The union which has its members spread out it in different hospitals and health care centres across the state came to be appointed in 1984, when there was an acute shortage of pharmacists/compounders.
The appointments were made by the Maharashtra State Pharmacy council. The members of the union are not highly educated. However, till now they were working as pharmacist/compounder’s handling and making medicines.
It was around 2003, that that Maharashtra State Pharmacy council issued communication to them that since the union members are not registered they are not liable to practice as per section 42 of the Pharmacy Act. The union then challenged the decision in the high court in 2005.
Advocate Mandar Limaye, appearing for the petitioners argued that, “The Pharmacy Act’s section 42 came into effect on September 1, 1984. Before that the members were appointed by the state to fill in the gap, even though they are unregistered pharmacists not qualified to be appointed as per that section. Since they are discharging their duties as compounders and handling medicines for more than 20 years, they should be treated as qualified pharmacists.”
The secretary of Pharmacy Council opposed the petition stating that, “The ultimate aim is to ensure optimum drug therapy by providing information and advice to patients, where a minor lapse on the part of the pharmacist in handling drugs may cost many lives.”
The court thus restraining the pharmacist/compounder from working noted, “If any penal action is to be taken against any members of the petitioner association, they may be given show cause notice and after considering their say, appropriate penal action may be taken in accordance with law”.
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