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Supreme Court of India 2017-07-03

Ranjan Sinha & Anr vs Ajay Kumar Vishwakarma & Ors

Bench: 3 — N.V. Ramana

In Brief

After Bihar bifurcated into Bihar and Jharkhand in 2000, and Madhya Pradesh into Madhya Pradesh and Chhattisgarh, disputes arose over pharmacy registration. Newly formed States sought to prepare fresh First Registers of pharmacists, but applicants lacked qualifications mandated by the 1991 Education Regulations. The Supreme Court held that the First Register prepared by the parent State is automatically deemed the First Register of the new State (limited to residents in its territory) under Sections 84–85 of the reorganisation acts. New States cannot re-prepare First Registers; subsequent registrations must follow current Education Regulations. Pharmacists already in the parent State's register may transfer without meeting new qualification standards, but all new applicants must comply with Education Regulations.

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Administrative Law Constitutional Law Pharmacy Practice and Regulation State Reorganisation Statutory Interpretation

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