Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pharmacy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Pharmacy Act, 1948 (8 of 1948) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Transferred Case |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Pharmacy Act, 1948 – All India Council of Technical Education Act, 1987 – Applicability of the Pharmacy Act, 1948 or the AICTE Act, 1987 in relation to subject of pharmacy including the approval of courses of study, minimum standards of education required for qualification as a pharmacist, registration as a pharmacist, regulation of future professional conduct etc. – Held: The Pharmacy Act is a special Act in the field of pharmacy and it is a complete code in itself in the field of pharmacy, the pharmacy Act shall prevail over the AICTE Act which is a general statute dealing with technical education/ institutions – In the AICTE Act there is no specific repeal of the pharmacy Act, more particularly when the Pharmacy Act is a special Act and the subsequent enactment of AICTE Act is general and therefore the Pharmacy Act being a special Act must prevail – Consequently, so far as recognition of degrees and diplomas of pharmacy education is concerned, the Pharmacy Act shall prevail.Pharmacy Act, 1948 – All India Council of Technical Education Act, 1987 – In the field of pharmacy, PCI would have the jurisdiction or AICTE constituted under the AICTE Act – Held: PCI consists of experts in the field of pharmacy and related subjects connected with the education of pharmacy – On the other hand, so far as AICTE is concerned, only one member would be from the field of pharmacy and that too representative of PCI – Under the circumstances, the PCI is the body of experts connected with the subject of pharmacy and related subjects and therefore it will be in the larger interest and more particularly in the interest of education of pharmacy that PCI shall alone have the jurisdiction in the field of Pharmacy rather than AICTE – Further, both PCI and AICTE are the creature of the statute – The fight of supremacy between both regulators is unhealthy for the education sector as well as the institutions to permit two regulators to function in the same field – Therefore, when the PCI is consisting of the experts in the field of pharmacy and other related subjects, it is in the larger interest in the field of Pharmacy that the PCI must be given the power to regulate in the field of pharmacy. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 276 |
Petitioner | The Pharmacy Council Of India |
Respondent | Dr. S.k. Toshniwal Educational Trusts Vidarbha Institute Of Pharmacy And Ors. Etc. |
SCR | [2020] 5 S.C.R. 718 |
Judgement Date | 2020-03-05 |
Case Number | 213 |
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