PCI agrees for registration of leftover J&K Pharmacists as one-time exception

Career of around 24000 Pharmacists salvaged

Nishikant Khajuria

JAMMU, June 16: Ending uncertainty over the fate of thousands of Pharmacists, who possess Diploma in Medical Assistant/Pharmacist and those pursing the said course in the institutions recognized by the erstwhile J&K Para Medical Council, the Pharmacy Council of India (PCI) has principally agreed for their registration as a onetime exception.
The registration of such Pharmacists shall be accorded by amending Section 32(C), which has been inserted in the Central Pharmacy Act 1948 for according special provisions regarding persons registered under repealed J&K Pharmacy Act.
“Such candidates, who possess Pharmacy qualification from an institution approved by the J&K Pharmacy Council under the J&K Pharmacy Act, 2011 and who were undergoing the said Pharmacy qualification at the time of enactment of the Jammu and Kashmir Re-organization Act, 2019, shall be eligible for registration and renewal of registration with the Jammu & Kashmir Pharmacy Council,” said a communiqué, issued by PCI Registrar-cum-Secretary while conveying decision of the Council and asking J&K Pharmacy Council to draft proposed amendment in Section 32(C) accordingly.
The much awaited decision of the PCI- the apex body regulating education as well as profession of Pharmacy across the country, will salvage career of more than 24 thousand unregistered Pharmacists in J&K, who possess Diploma in Medical Assistant/Pharmacist and those pursing the said course in the institutions recognized by the erstwhile J&K Para Medical Council at the time of introduction of J&K Reorganization Act 2019.
It may be recalled that the J&K Pharmacy Act 2011 was replaced with the Central Pharmacy Act 1948 as per the provisions of J&K Reorganization Act, vide gazette notification, dated 30-10-2019.
Thereafter, Union Ministry of Home Affairs issued an order under S.O 3465(E), dated 05-10-2020 incorporating Section 32(C) in the Central Pharmacy Act, which says that any person whose name has been entered in the register of Pharmacists maintained under the J&K Pharmacy Act, 2011 and possesses qualification prescribed under the said Act, shall be deemed to have been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject to an application to be made in this behalf within a period of one year commencing from October 31, 2020.
However, there are around 2400 Medical Assistants/Pharmacists in Government service and more than 22000 candidates who have either completed or pursuing the course of Medical Assistant/Pharmacist from the institutions duly recognized by the erstwhile J&K Para Medical Council but not registered under J&K Pharmacy Act.
Earlier, these Medical Assistants/Pharmacists did not apply for the registration because there was no need for the same to join Government service in the erstwhile State of J&K and Medical Assistants/Pharmacists in Government sector were exempted from obtaining a license under provisions of Drug & Cosmetic Act 1940 and Rules there under. Similarly, the candidates pursuing Medical Assistant/Pharmacist course from the institutes recognized by J&K State Para Medical Council were primarily relying on the prospect of getting a Government job and thus had not applied for the registration, which was considered last resort for self employment in case they fail to get a Government job.
However, following replacement of J&K Pharmacy Act by the Central Pharmacy Act in the Union Territory of Jammu and Kashmir, only those having B Pharma or Pharma D Course from a PCI approved institutions were eligible for the registration and carrying out the practice and profession of Pharmacy.
While the matter in respect of those already registered under J&K Pharmacy Act got resolved by inserting Section 32(C) in the Central Act, uncertainty continued to loom large over the fate of leftover Pharmacists.
The Excelsior had carried a series of stories highlighting the grievance of the leftover Pharmacists, particularly those unemployed youth who have completed the course from duly recognized institutions.
President of newly formed J&K Pharmacy Council, Lotika Khajuria had also formally taken up the matter with the Health & Medical Education Department of J&K seeking Government intervention for registration of the leftover Medical Assistants/Pharmacists but there was no positive response till April 4, this year when a meeting of Pharmacy Council of India with J&K Pharmacy Council was held on the initiative of Sushil Sudan, who is president of Jammu Kashmir Medical Employees Federation and represents J&K in the PCI.
Strongly pleading the case of leftover Pharmacists during the meeting, Sushil Sudan explained that while carrying out amendment in the Pharmacy Act 1948 by way of insertion of Section 32C, the Ministry of Home Affairs has not given any consideration to such eligible persons who were not registered as Pharmacist with erstwhile J&K State but possessed eligibility to apply for such registration under the repealed J&K Pharmacy Act, Samvat 2011.
Since the matter required legal interpretation, sources said that it was decided to approach the Ministry of Home Affairs and Law Department of Ministry of Health and Family Welfare with regard to Section 32C and registration of the leftover Pharmacists.
In response, sources added, the Ministry asked for the Pharmacy Council of India’s opinion on the same following which PCI sought the views of J&K Pharmacy Council and received the reply on June 3.
Presenting the views of both Pharmacy Council of India and J&K Pharmacy Council, PCI Registrar –cum- Secretary Archna Mudgal has now asked J&K Pharmacy Council to draft proposed amendment in Section 32(C) accordingly, sources said, adding that following formal approval of the draft, Statutory Order on the amendment extending registration to leftover Pharmacists shall be issued.