Summary
Jharkhand’s creation did not permit reopening first-time pharmacist registration under the older transitional qualifications. Bihar’s existing First Register continued and was to be territorially bifurcated; future entrants had to meet the Education Regulations. An express exception preserved formal cross-State registration for persons already on the original First Register.
Issues
- Whether State reorganisation revived first-register qualifications after Education Regulations had taken effect.
- How the existing register and previously registered pharmacists should be treated.
Provisions considered
- Sections 2(f), 84, 85 and 86, Bihar Reorganisation Act, 2000Continuity of existing law preserved the statutory register and education regime; reorganisation did not create a clean slate. (¶¶ 19–20, 25–42)
- Sections 30, 31 and 32(2), Pharmacy Act, 1948Transitional first-register qualifications could not be revived for new applicants; the Court specified treatment of existing registrants separately. (¶¶ 17–24, 38–43)
Held
- Existing laws and instruments having force of law continued in the transferred territories until competent modification. The published Bihar First Register therefore remained the basis for both successor States, allocated by recorded residential territorial nexus. (¶¶ 25–39, 41–43(b))
- Jharkhand could undertake subsequent registration but could not establish a fresh Section 30 process admitting new persons under Section 31 in disregard of the operative Education Regulations. Quashing the tribunal notification and invitation was upheld. (¶ 38–42)
- Pharmacists already registered in the former Bihar First Register before Education Regulations could formally register in the other State under Section 32(2) without newly satisfying those educational qualifications. That express protection was distinct from eligibility of entirely new entrants. (¶¶ 43(d), Illustration 1)
Result
Appeal disposed of with register-bifurcation and registration directions; quashing of the fresh First Register exercise upheld. Jharkhand at liberty to constitute its State Council. No costs.