1. Can a State Government prescribe qualifications for registration of any person as a pharmacist ? Whether the qualifications prescribed by the Gazette Notification, dated 18.1.1996, issued by the Government of Tripura, Department of Health and Family Welfare, are sustainable ? Can the registration of pharmacists, made pursuant to the order, dated 24.7.1996, issued by the Registrar, Tripura State Pharmacist Council, be allowed to survive ? These are the three prominent questions, which have been raised in the present writ petition. 2. Heard Mr. S. Talapatra, learned senior counsel, appearing on behalf of the petitioners, and Mr. N. Adhikary, learned Advocate General, Tripura. 3. In order to appreciate the controversy raised in the present writ petition, a careful analysis of the relevant provisions of the Pharmacy Act, 1948 ('the Pharmacy Act') is imperative. With this end in view, let me, point out, the object and the scheme of the Pharmacy Act. 4. What needs to be noted, at the very outset, is that the Pharmacy Act was enacted to regulate the profession of pharmacy. The statement of object and reasons of the Pharmacy Act succinctly describe the legislative intent behind this legislative enactment in these words : "Statement of objects and Reasons : It is desirable that, as in most other countries, only persons who have attained a minimum standard of professional education should be permitted to practise the profession of Pharmacy. It is accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the minimum standards of education and approved courses of study and examinations ibr Pharmacists and Provincial Pharmacy Councils, which will be responsible for the maintenance of provincial registers of qualified pharmacists. It is further proposed to empower provincial Governments to prohibit the dispensing of medicine on the prescription of a medical practitioner otherwise than by or under the direct and personal supervision of, a registered pharmacist." 5. A careful reading, as a whole, of the Pharmacy Act shows that section 3 empowers the Central Government to constitute, as soon as may be, a Pharmacy Council of India, which will be known, according to 2(c), as Central Council. Section 10 empowers the Central Council to make regulations subject to the approval of the Central Government. These regulations, which are to be known as Education Regulations, could prescribe the minimum standard of education required as pharmacist. Section 10 empowers the Central Council to make regulations subject to the approval of the Central Government. These regulations, which are to be known as Education Regulations, could prescribe the minimum standard of education required as pharmacist. The Education Regulations, so framed, under section 10, may, amongst others, prescribe not only the minimum standard of education required for qualification as a pharmacist, but also prescribe : (a) the nature and period of study and of practical training to be undertaken before admission to an examination ; (b) the equipment and facilities to be provided for students undergoing approved courses of study ; (c) the subjects of examination and the standards therein to be attained ; (d) any other conditions of admission to examinations." 6. There is no dispute that the Central Council has framed, with the approval of the Central Government, Education Regulations from time to time. The Education Regulations, 1991, provide that the minimum qualification required for registration as a pharmacist shall be a diploma in, pharmacy (Part-1 and Part-2) and satisfactory completion of diploma in pharmacy (Part-3) or any other qualification, which may be approved by the Pharmacy Council of India, as equivalent to such diploma. 7. Regulations 3 and 4 of the Education Regulations, 1991, prescribe requisite qualifications for being registered as a pharmacist as under : "2. Qualification for Pharmacist. - The minimum qualification required for registration as a pharmacist shall be a pass in diploma in pharmacy (Part I & Part II and satisfactory completion of Diploma in Pharmacy (Part-Ill). Or Any other qualification approved by the Pharmacy Council of India as equivalent to the above. 3. Diploma in Pharmacy Part-I and Part-II shall consist of a certificate of having passed the course of study prescribed in Chapter-II of these regulations. 4. Diploma in Pharmacy Part-in shall consist of a certificate of having satisfactorily completed course of practical training as prescribed in Chapter-Ill of these regulations respectively." 8. Now, for the sake of proper appreciation of the controversy, which the present writ petition has raised, the provisions of the Pharmacy Act relating to, and connected with, the scheme of the registration of pharmacists need to be closely looked into. For this purpose, relevant provisions of Chapter IV of the Pharmacy Act, which embodies the procedure for registration of the pharmacists, are quoted hereinbelow : "29. Preparation and maintenance of register. For this purpose, relevant provisions of Chapter IV of the Pharmacy Act, which embodies the procedure for registration of the pharmacists, are quoted hereinbelow : "29. Preparation and maintenance of register. - As soon as may be after this Chapter has taken effect in any State, the State Government shall cause to be prepared in the manner hereinafter provided a register of pharmacists for the State. (2) The State Council shall as soon as possible after it is constituted assume the duty of maintaining the register in accordance with the provisions of this Act. (3) The register shall include the following particulars, namely: (a) the full name and residential address of the registered person ; (b) the date of his first admission to the register; (c) his qualifications for registration ; (d) his professional address, and if he is employed by any person, the name of such person ; (e) such further particulars as may be prescribed. 30. Preparation of first register. - For the purpose of preparing the first register, the state Government shall by notification in the Official Gazette constitute a Registration Tribunal consisting of three persons, and shall also appoint a Registrar who shall act as Secretary of the Registration Tribunal. (2) The State Government shall, by the same or a like notification, appoint a date on or before which applications for registrations, which shall be accompanied by the prescribed fee, shall be made to the Registration Tribunal. (3) The Registration Tribunal shall examine every application received on or before the appointed date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the entry of the name of the applicant on the register. (4) The first register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the State Government in this behalf by notification in the Official Gazette. (5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under subsection (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. (5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under subsection (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. (6) Upon the constitution of the State Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Council. 31. Qualifications for entry on first register. - 39 [A person who has attained the age of eighteen years shall be entitled] on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of pharmacy in the State and if he- (a) holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University or a State Government as the case may be, or a prescribed qualification granted by an authority outside 40[* * *] India, or (b) holds a degree of an Indian University other than a degree in pharmacy or pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years, or (c) has passed an examination recognised as adequate by the State Government for compounders or dispensers, or (d) has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five yeas prior to the date notified under sub-section (2) of section 30. 32. Qualifications for subsequent registration. 32. Qualifications for subsequent registration. - (1) After the date appointed under sub-section (2) of section 30 and before the Education Regulations have by or under section 11, taken effect in the State, 41 [a person who has attained the age of eighteen years shall on payment of the prescribed fee] be entitled to have his name entered in the register if he resides or carries on the business or profession of pharmacy in the State and if he (a) satisfies the conditions prescribed with the prior approval of the Central Council, or where no conditions have been prescribed, the conditions entitling a person to have his name entered on the first register as-set out in section 31, or (b) is a registered pharmacist in another State, or (c) possesses a qualification approved under section 14 : Provided that no person shall be entitled 42 [under clause (a) or clause (c)] to have his name entered on the register unless he has passed a matriculation examination or an examination prescribed as being equivalent to a matriculation examination. (2) After the Education Regulations have by or under section 11 taken effect in the State, a person shall on payment of the prescribed fee be entitled to have his name entered on the register if he has attained the age of 43 [eighteen years], if he resides, or carries on the business or profession of pharmacy, in the State and if he has passed an approved examination or possesses a qualification approved under section 1444[or is a registered pharmacist in another State.] 9. Broadly speaking, the Pharmacy Act conceives registration of pharmacists in two different stages, the first one being Pharmacists at the time, when the Pharmacy Act comes into force in a State and the second one being enrolment and registration of pharmacists subsequent to the enrolment of the pharmacists, which might have taken place at the first stage. No wonder, therefore, that section 30 refers to the register, which was to be prepared on coming into the force of the Pharmacy Act, as the first register. 10. From a careful reading of sections 29, 30 and 31, what clearly transpires is that the State Government shall, on coming into force of the Pharmacy Act, prepare and maintain a register for the purpose of registered pharmacists. 10. From a careful reading of sections 29, 30 and 31, what clearly transpires is that the State Government shall, on coming into force of the Pharmacy Act, prepare and maintain a register for the purpose of registered pharmacists. Section 30 lays down the procedure for preparation of the first such register and section 31 lays down the qualifications required to enable a person to get his name entered in the first register. Once the first register is prepared, in terms of the qualifications ; required in section 31, subsequent registration of the pharmacists shall be governed in terms of the qualifications, which section 32 perceives. This section (section 32), therefore, needs a closure scrutiny. On a careful scrutiny of section 32, it becomes transparent that apart from the fact that a person, to be able to get his name registered as a pharmacist, must, have attained the age of 18 years and pay the requisite fees, resides or carries on the business or profession of pharmacy in the State concerned, he must also satisfy the conditions prescribed by the Central Council with the prior approval of the Central Government or where no such conditions have been prescribed, the conditions, which entitled a person to have his*name registered in the first register as set out in section 31. This, in turn, shows that until the time, the Central Council makes Education Regulations or prescribes the conditions for enrolment of pharmacists subsequent to the preparation of the first register, the qualification mentioned in sub-section (1) of section 32, would apply. However, the qualifications, contained in sub-section (1) of section 32, would have no bearing or application if and when the Central Council frames Education Regulations. Viewed, thus, it is clear that when the Central Council has already framed Education Regulations, 1991, no registration of a person, as a pharmacist, is possible, in any State, if the Education Regulations, 1991, stands enforced in the State concerned. 11. In the present case, the Government of Tripura issued a Notification, on 22.2.1993, giving effect to the Education Regulations, 1991, with effect from the academic session 1993-94. Having brought into force the Education Rules, 1991, w.e.f. academic session 1993-94, the Govt. of Tripura cannot permit registration of any person as a pharmacist except in accordance with the qualifications prescribed under the said Regulations. 12. Having brought into force the Education Rules, 1991, w.e.f. academic session 1993-94, the Govt. of Tripura cannot permit registration of any person as a pharmacist except in accordance with the qualifications prescribed under the said Regulations. 12. What is, now, required to be noted is that in exercise of the powers vested in the State Government under section 46 of the Pharmacy Act, the Government of Tripura made Rules, called the Tripura State Pharmacy Council Rules, 1975 ('the Rule of 1975'). Part 12 of the Rules of 1975 deals with registration of the pharmacists. Rule 72 of the Rules of 1975, as the same stood before its subsequent amendment, read as under : "Rule 72. Every person entitled under section 32 to be registered under the Act and desiring to have himself registered shall apply to the Registrar in From G duly filled in and signed. Every such application shall be accompanied by the fee prescribed in rule 81". 13. By a Gazette Notification, dated 18.1.1996, the Government of Tripura, Department of Health and Family Welfare, published ;; Notification, dated 15.12.1995, amending Rule 72, which is quoted hereinbelow : "Amendment of Rule 72 - (3) In rule 72 of the principal rules, the following proviso shall be inserted after the existing provisions, namely - "Provided that - (i) every candidate who possesses qualification either under clause (b) or clause (d) of section 31 of the Act and who is found eligible after scrutiny of the application may be required to undergo a written test to be conducted by the Council in such manner as the Council may deem fit; (ii) the successful candidates may be required to attend an orientation course on payment of fees as specified in rule 31 (iii) on successful completion of the orientation course the names of the candidates shall be entered into the Register and certificates shall be issued in his favour : (iv) A candidate shall get only once chance to appear in the written test ; and (v) Any dispute with regard to eligibility test and orientation course or the manner thereof shall be decided by the Council whose decision shall be final". 14. 14. Close on the heels of the amendments, which were made to rule 72 by the Notification, dated 15.12.1995, aforementioned, the office of the Registrar, Tripura State Pharmacy Council, issued an order, on 24.7.1996, which read as under : "The Tripura State Pharmacy Council will receive applications from persons having the following qualifications for issue of pharmacist registration under section 32(1) of the Pharmacy Act, 1948 read with rule 72 of the Tripura State Pharmacy Council Rules 1975", only upto 23rd August, 1996. (i) A matriculate with five years experience in dispensing/ compounding of drugs. (ii) A graduate with three years experience in dispensing/ compounding of drugs. (iii) A matriculate and compoundership certificate holders. The application forms may be collected from the office of the Tripura State Pharmacy Council, Health Directorate Building, Gorkhabasti, Agartala.". 15. Contending that the amendment of rule 72 had brought a change in the entire scope and ambit of the Pharmacy Act and thereby adversely affected the qualifications required for registration of a person as a pharmacist, the petitioner association, which is a branch of a registered society, consisting of the registered pharmacists of India, has come to this court, with the help of the present writ petition, assailing the legality and sustainability of the amendment of rule 72, introduced by Notification, dated 15.12.1995, and the advertisement, dated 24.7.1996, aforementioned. Pending disposal of this writ petition, an order was passed, on 21.8.1996, in Civil Miscellaneous (Civil Rule) No. 451/1996, which reads as follows : "This application has been filed for staying the operation of the Tripura State Pharmacy Council (Amendment) Rules, 1955 (Annexure-8 to the writ petition) and Notification No. F.l (ll)-TSPC/96, dated 24.7.1996 (Annexure-5 to the writ petition). The operation of the aforesaid Rules and Notification cannot be stayed now but if any benefit is accrued to any one by virtue of the aforesaid Rules and Notification then that will be subject to the decision of the writ petition". 16. Thus, the beneficiaries of the amended rule 72 of Rules of 1975 and/or the beneficiaries of the advertisement, dated 24.7.1996, aforementioned, will be governed by the out-come of this writ petition. 17. 16. Thus, the beneficiaries of the amended rule 72 of Rules of 1975 and/or the beneficiaries of the advertisement, dated 24.7.1996, aforementioned, will be governed by the out-come of this writ petition. 17. In the backdrop of the fact that having brought into force the Education Regulations, 1991, the Government of Tripura cannot enroll, in the light of the restrictions imposed by section 32, particularly, sub­section (2) thereof, any person as a pharmacist unless he has the qualifications prescribed under the Education Regulations, 1991.1 am, now, required to consider the sustainability of the amendment, which has been introduced by rule 72, and the Notification, dated 15.12.1995, aforementioned. A bare reading of the amendment, so brought in, clearly reveals that rule 72 prescribes qualifications for registration of pharmacists, which are inconsistent with, and substantially contrary to, what the Education Regulations, 1991, prescribe. Apart from the fact that while the State Government has the power to frame Rules, it has no power to prescribe education qualifications required for the purpose of registration of person as a pharmacist, any educational qualification or any qualification, which the State Government may prescribe, cannot run contrary to, and in violation of, the Education Regulations, 1991, or any other Education Regulations, which the Pharmacy Council of India may frame in exercise of powers under section 10 of the Pharmacy Act. 18. Confronted with the above position, the learned Advocate General, Tripura, has not been able to submit, on behalf of the respondents, anything as to show how, in the face of the qualifications prescribed under Education Regulations, 1991, the qualifications prescribed under rule 72 can be sustained. Situated thus, it is clear that the impugned amendment of rule 72 is beyond the rule making powers of the State as envisaged in section 46 read with section 32 thereof. In fact, a microscopic scrutiny of the powers vested in the State, under section 46 to frame Rules, makes it transparent that the State has no power to prescribe qualifications for enrolment or registration of pharmacist. 19. What crystallizes from the above discussion is that the impugned amendment to rule 72, introduced by the Notification, dated 15.12.1995, aforementioned is ultra vires the Pharmacy Act and cannot, therefore, be sustained. 20. 19. What crystallizes from the above discussion is that the impugned amendment to rule 72, introduced by the Notification, dated 15.12.1995, aforementioned is ultra vires the Pharmacy Act and cannot, therefore, be sustained. 20. What logically follows from the above discussion is that the invitation offered by the impugned order, dated 24.7.1996, to persons, in the State of Tripura, to get their names registered as pharmacists under section 32 of the Pharmacy Act can also not be maintained. What further logically follows is that by registrations, which have been done in the State of Tripura, on the strength of the impugned Notification, dated 15.12.1995, and/or the impugned order, dated 24.7.1996, cannot be allowed to survive and must be treated as non est in law. 21. In the result and for the reasons discussed above, this writ petition succeeds. The impugned Notification, dated 15.12.1995, and the impugned order, dated 24.7.1996, are hereby set aside and quashed. All registration of persons as pharmacists made, pursuant to the impugned Notification, dated 15.12.1995, and/or the impugned order, dated 24.7.1996, shall stand set aside and quashed. 22. With the above observations and directions, this writ petition shall stand disposed of. 23. No order as to costs.