The Supreme Court, hearing an appeal filed by the Kerala Drug Controller's office against the High Court verdict against its move to put all hospital pharmacies under the licensing rule, has ordered to resubmit the case in the lower court and stalled the DC action till the HC verdict.

The Kerala Drug Controller had last year issued an order bringing all hospitals and clinics irrespective of its size under the licensing rule and issued notices to all such institutions to mandatorily apply for licenses. Complying with the licensing rule, the Kerala DC had asked these hospitals to appoint qualified pharmacists in the drug stores attached to them.

However, the Kerala chapter of Indian Medical Association (IMA) resisted the move by filing a petition in the Kerala High Court against the order. Though the Kerala HC after hearing the case ordered that since the doctors can dispense medicines to their patients at the hospitals without a drug license, the DC order need not be made compulsory in the case of small hospitals and clinics where there is no drugs sold to out side patients.

According to Dr T Sureshkumar, general secretary, IMA Kerala, the DC order will create additional burden on the clinics and hospitals run by single doctors or even jointly by couples by way of appointing a pharmacist and also license fee. Since these hospitals do not normally sell drugs at the counter to public, this order should be made flexible for such institutions.

Nevertheless, KT Gopinathan, drug controller, Kerala, said that under Drugs and Cosmetics Act, all the pharmacies should comply with the law to ensure quality drugs are dispensed to patients by qualified people. So, the DC order is justified by this rationale. "However, since the case has been reverted back to the High Court, we have no option but to wait for its verdict," he said.