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उत्तर प्रदेश रजिस्टर्ड फार्मासिस्ट, UTTAR PARDESH REGISTERED PHARMACIST JAIDEEP KUMAR GUPTA MATKHERA Road BILASPUR DISTT RAMPUR, Bilaspur (2025)

05/02/2025

Ref: UPPC/145/2025 Dated:5/02/2025

To,
The Additional Chief Secretary,
Department of Medical and Health,
Vikas Bhawan, Janpath,
Lucknow, Uttar Pradesh.

Subject: Regarding Gazette Notification by the Uttar Pradesh Government for Nomination of Five Members from Diploma Pharmacists Association (Regd.) to the Uttar Pradesh Pharmacy Council, Lucknow

Respected Sir,

This is to bring to your kind attention that five members have been nominated to the Uttar Pradesh Pharmacy Council, Lucknow. These members are government pharmacists associated with the Diploma Pharmacists Association (Regd.), Lucknow. Such nominations are inconsistent with the principles of natural justice and impartial representation.

As per the Gazette Notification:

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification No. 85/Paanch-7-2024, dated November 21, 2004. No. 85/Paanch-7-2024, dated: Lucknow, November 21, 2004.

In exercise of the powers conferred by Section 19(b) and Subsection (1) of Section 23 of the Pharmacy Act, 1948 (Act No. 8 of 1948), the Governor appoints the persons mentioned in the Schedule below as members of the Uttar Pradesh Pharmacy Council. The nominated members shall hold office for a term of five years from the date of nomination or until their successors are duly nominated, whichever is longer.

SCHEDULE

Serial No. Name and Address
1 Shri Shrawan Kumar, Pharmacist, Dr. Shyama Prasad Mukherjee (Civil) Hospital, Lucknow.
2 Shri Ramesh Chandra Srivastava, Chief Pharmacist, CMSD Store, Swasthya Bhawan, Lucknow.
3 Shri Anil Pratap Singh, Pharmacist, Office of Chief Medical Officer, Basti.
4 Shri Ajay Kumar Singh, Pharmacist, Netaji Subhash Chandra Bose District Hospital, Gorakhpur.
5 Shri Shyam Naresh Dubey, Pharmacist, Office of Chief Medical Officer, Mainpuri.
The Uttar Pradesh Pharmacy Council currently includes over 130,000 registered pharmacists with diverse qualifications, ranging from diplomas to advanced degrees (PhD, PharmD). This includes professionals from academia, research, hospital pharmacy, analytical chemistry, and retail pharmacy. Additionally, there are more than 200,000 drug sellers in Uttar Pradesh, most of whom are registered pharmacists.

Given this diversity, the Pharmacy Council must have equitable representation to reflect the interests of all stakeholders. However, since independence, government pharmacists have maintained dominance in the Council, marginalizing other groups.

As per Section 19 of the Pharmacy Act, 1948, the State Government has the authority to nominate five members, which should include three registered pharmacists and two representatives from other sectors (e.g., non-registered pharmacists, pharmacy traders, legislators, or individuals contributing to the pharmaceutical field).

It is worth noting that past monopolization by the Diploma Pharmacists Association (Regd.) in the Uttar Pradesh Pharmacy Council has led to financial irregularities and violations of the Pharmacy Act, as observed in various High Court judgments.

Furthermore, proper gazette notification of all 15 members, including elected and ex-officio members, is essential for transparency. To ensure fairness, the government should have invited applications from eligible candidates through public notices and constituted a screening committee to shortlist candidates from all sections of the pharmacy profession.

We humbly request that this matter be reviewed and resolved within a month. Failure to address these concerns will compel us to seek legal recourse before the Hon’ble High Court of Allahabad.

Yours sincerely,
Jaideep Kumar
District General Secretary,
Pharma Traders Association (Regd.),
Rampur, Uttar Pradesh.
Registered Office: 132, Charu Enclave, Bazaar Kala, Bilaspur, Rampur, Uttar Pradesh - 244921
Mobile: 9359395672
Email: jaideepgupta52@gmail.com

05/02/2025

Ref: CM/156/2024

To,

Shri Yogi Adityanath,
Hon'ble Chief Minister,
Government of Uttar Pradesh,
Chief Minister's Office,
Lok Bhawan, Secretariat,
Lucknow, Uttar Pradesh.

Subject: Request for Investigation Regarding Incompetency of Shri Dinesh Kumar Tiwari, Assistant Commissioner (Drugs), Department of Food Safety and Drug Administration

Respected Sir,

With utmost reverence, I wish to bring to your esteemed attention the grave incompetency of Shri Dinesh Kumar Tiwari, currently holding the position of Assistant Commissioner (Drugs) in the Department of Food Safety and Drug Administration, nominally posted in Kanpur Division, but de facto stationed at the Lucknow headquarters, regardless of his official posting elsewhere.

On numerous occasions, I have lodged complaints regarding Shri Dinesh Kumar Tiwari’s lack of requisite qualifications. Details of these complaints are as follows: dated 06/03/2023, 08/05/2024, 09/08/2024 (Grievance Number: 60000240085927, 12136240073421), filed via the public grievance portal. Instead of taking disciplinary action, the responses I received were perplexing. The report submitted on the matter reveals a disturbing deficiency of knowledge among the officials at the headquarters, implying either deliberate ignorance or the preparation of these reports under external pressure.

This is evident from the inexplicably imprudent manner in which the former Additional Chief Secretary, Mrs. Anita Singh, resolved all complaints against Shri Tiwari on the very last day of her tenure. Such dereliction of duty is unthinkable for a person of her stature. The report failed to investigate whether Shri Tiwari possessed the necessary experience in manufacturing drugs under Schedule C, a glaring omission despite the report itself indicating his lack of the same. It is plausible that the officials at the headquarters may be ignorant of the nuances of Schedule C drugs, necessitating their familiarization with the qualifications required for the position of Drugs Inspector as specified under the Drugs and Cosmetics Rules, 1945.

Drugs and Cosmetics Rules, 1945 49. Qualifications of Inspectors. A person appointed as an Inspector under the Act shall possess a degree in Pharmacy, Pharmaceutical Sciences, or Medicine with a specialization in Clinical Pharmacology or Microbiology from a recognized university in India, and must satisfy one of the following conditions:

A minimum of 18 months' experience in the manufacture of at least one substance specified in Schedule C, or
A minimum of 18 months' experience in testing of at least one substance listed in Schedule C in an approved laboratory, or
At least three years' experience inspecting firms manufacturing substances specified in Schedule C during their tenure as Drug Inspectors.
Schedule C Drugs include Biological and Special Products such as:

Sera, Vaccines, Antitoxins, Insulin, Antibiotics for parenteral injections, etc.
It is abundantly clear that Shri Dinesh Kumar Tiwari lacks the qualifications required for the position he holds, as advertised by the Public Service Commission under Advertisement Nos. 4/97-98 and 3/2003/04. However, the inexplicable endorsement of his qualifications by officials at the headquarters raises serious concerns. Upon further investigation at my end, I was astounded to discover that none of the currently serving Assistant Commissioners in the department possess the requisite experience under Schedule C, leading to a collective effort to shield one another.

In light of the above, I request an impartial investigation into the qualifications and experience of all Assistant Commissioners (Drugs) under the supervision of the Drug Controller General of India (DCGI), preferably by an officer who has not served in North India, to ensure transparency and fairness. Should this request not be entertained, I will have no option but to seek judicial recourse, and the government will bear full responsibility for the consequences thereof.

Dated:05/02/2025

Yours sincerely,

Jaideep Kumar Gupta
132, Charu Enclave,
Bazaar Kala, Bilaspur,
District Rampur, Uttar Pradesh – 244921.
Mobile: 9359395672
Email: jaideepgupta52@gmail.com

04/02/2025

Memorandum

Ref. No.: UPDDC/BCA0063/2025
Date: 04-02-2025

To,
Shri Jagat Prakash Nadda
Hon’ble Minister for Health & Family Welfare and Chemicals & Fertilizers
Room No. 342, 3rd Floor, Nirman Bhawan,
New Delhi – 110001

Subject: Revocation of Exemption Granted to Registered Medical Practitioners for Stocking and Selling Medicines Under Schedule K of the Drugs and Cosmetics Rules, 1945
Respected Sir,

In pursuance of Entry 5 under Schedule K of the Drugs and Cosmetics Rules, 1945, registered medical practitioners are statutorily permitted to stock and dispense medications to their patients sans procurement of a drug selling license under the said Rules and without employing the expertise of a registered pharmacist. This provision was incorporated by the Government of India vide Notification No. F-122/59-D, dated 09-04-1960 and subsequently subjected to modifications through amendments on 18-09-1965, 02-09-1978, 22-06-1982, and 20-06-1984, thereby cementing the right of medical practitioners to dispense pharmaceuticals exclusively to their patients.

This exemption, conceived in an era when pharmaceutical formulations in ready-to-consume dosage forms were scarce, originally facilitated the practice of ex tempore compounding and dispensing. However, with the meteoric evolution of India's pharmaceutical industry, ready-to-consume medications in various standardized dosage forms have become ubiquitously available. Thus, the rationale underpinning the original exemption has become anachronistic and untenable.

Regrettably, this regulatory dispensation is being grossly misappropriated, particularly in semi-urban and rural landscapes, where medical practitioners have transmuted their clinical establishments into de facto drug retail outlets, engaging in indiscriminate stockpiling and commercialized sale of medicines. This brazen contravention of ethical medical practice flagrantly undermines the regulatory framework, given that doctors are statutorily prohibited from operating open medical stores under recently promulgated directives.

The ostensible justification for this exemption has been rendered redundant due to the proliferation of licensed pharmacy outlets in close proximity to medical clinics. The parallel indulgence of physicians in drug sales not only contravenes professional ethics but also subverts the sanctity of pharmacy as a profession, precipitating economic detriment and professional discontent among pharmacists. The unabated encroachment of the pharmaceutical domain by medical practitioners has led to widespread disquiet among licensed pharmacists in Uttar Pradesh, with grievances mounting regarding their dwindling professional scope and economic viability.

In light of the foregoing, immediate revocation of the exemption under Schedule K is imperative to:

Reinstate ethical rectitude in medical practice.
Safeguard the professional integrity and financial sustenance of pharmacists.
Eradicate unauthorized commercialization of pharmaceuticals by medical practitioners.
You are, therefore, earnestly entreated to institute corrective measures with alacrity and apprise me of the action taken in this regard at the earliest possible instance.

Your expeditious intervention in this matter shall be deeply appreciated.

With highest regards,
Yours sincerely,

(Jaideep Kumar Gupta)
State Vice President
Organization of Chemists and Druggists (OCDUP) (Regd.)
E-mail: jaideepgupta52@gmail.com
Contact: 9359395672

Copy with Compliments for Information and Necessary Action to:

The Drug Controller General of India, New Delhi
The Commissioner, Food & Drug Administration, Sector C, Aliganj, Lucknow, U.P.
The President, Pharmacy Council of India, New Delhi – 110011

15/01/2025

should ensure that smart prepaid meters are installed only after passing FIIT & SAT tests. Installing untested meters at consumer premises is unacceptable. Deploy only fully tested meters to protect consumer interests.
Jaideep Gupta
9359395672

14/01/2025

🌟 Excited to Connect and Collaborate! 🌟

Hello everyone,
I’m Jaideep Gupta, a Government-Approved Analytical Chemist specializing in Chemical, Instrumental, and Microbiology analysis. With a strong focus on the Pharmaceutical industry, I am dedicated to ensuring quality, innovation, and impactful contributions in this field.

Let’s connect, share ideas, and grow together. Feel free to reach out—I’d love to explore opportunities for collaboration, innovation, and success!

उत्तर प्रदेश रजिस्टर्ड फार्मासिस्ट

05/02/2025

05/02/2025

04/02/2025

15/01/2025

14/01/2025

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