Law: Pharmacy Act, 1967

Section: 25

Law: Constitution of Pakistan, 1973

Section: 18,199

Pharmacy Act (XI of 1967)---

----S.25---Khyber Pakhtunkhwa Drugs Rules, 1982, R. 18---Constitution of Pakistan, Arts. 18 & 199---Constitutional petition---License of Pharmacist, renewal of ---Category-B Pharmacists/Dispensers and Category-C Apprentices---Policy matter---Petitioners were aggrieved of refusal of authorities to renew their licenses on the ground that they were only Category-B Pharmacists/Dispensers and CategoryC Apprentices, due to amendment made to Khyber Pakhtunkhwa Drug Rules, 1982--Validity---Amendment was brought in Khyber Pakhtun-khwa Drug Rules, 1982, in public interest as sale by non-qualified persons would endanger lives of public--Decision of Provincial Government to amend the rules was a policy matter of the Province and had been in the larger interest of people---Reasonable qualification was prescribed by law for entering into a lawful trade/business---In the year 1980, when rules were first passed, there was dearth of qualified pharmacists hence laxity in qualifications for drug retail license---Situation was substantially different and pharmacy graduates were neither hard nor costly to find---Prohibiting carrying of such business by unqualified person was in public interest and qualification so prescribed by government through legislation in question qualified the test of reasonableness---High Court declined to interfere in policy decision of Government---Constitutional petition was dismissed, in circumstances.

Judicial Review of Public Actions by Justice (R) Fazal Karim page-728; Government of Pakistan through Secretary, Ministry of Commerce and another v. Zamir Ahmad Khan PLD 1975 SC 667; 83 US 36; 21 L Ed 394; Ganapati v. The State of Ajmir AIR 1955 SC 188; Cooverji v. Excise Commissioner AIR 1954 SC 220 and Arshad Mehmood and others v. Government of Punjab through Secretary, Transport Civil Secretariat, Lahore and others PLD 2005 SC 193 ref.