The ministry of health and family welfare has declared the Pharmacy Council of India’s (PCI) recently notified regulation on the pharmacist recruitment, promotion and services as ultra vires and does not exist in the eye of law as it was not approved by the Central government.
The Allied Health Services (AHS) Section of the ministry of health and family welfare has issued a circular clarifying the stand, and asking all concerned stakeholders to take due cognizance of the position of the Ministry regarding the regulation.
The PCI has published the Pharmacist Recruitment, Promotion and Service Regulations, 2025, in the Gazette of India on June 10, 2026, in order to regulate the recruitment process, promotion, service condition and job responsibilities of pharmacy professionals in various cadres of pharmacy services. The Ministry observed that the preamble of the notification claims that the regulations were framed with the approval of the Central government.
“These regulations have been issued without the approval of the Central government, and as opined by Department of Legal Affairs (DoLA), the impugned regulations are ultra vires the Act and beyond the authority of the PCI and are therefore non-est in the eye of law,” says the circular.
Accordingly, the Ministry advised all concerned stakeholders to take due cognizance of the aforesaid position of the Ministry while considering or initiating any regulatory or administrative action under, or with reference to, this regulation.
The regulation, notified by the PCI, classifies pharmacy services into Schedule I, Schedule II and Schedule III posts, while job descriptions and place of posting of different cadre or grade of pharmacy officers are stipulated in Schedule IV.
Filling up of the Pharmacy Officer – including the Drug Information Pharmacy Officer and Clinical Pharmacy posts was to be entirely through direct recruitment. The entire posts in the Pharmacy Officer class should have been filled by direct recruitment having Minimum Degree in Pharmacy from a PCI recognized Institute/University and must be a registered Pharmacist in the state Pharmacy Council having valid registration, according to the notification.
In Schedule V, the Council also elaborated the job responsibilities and place of posting of Pharmacy Officers, up till the post of the Joint Director (Pharmacy).
The Council in its notification said, “Notwithstanding anything contained herein, individuals who, at the commencement of these Regulations, are holding regular appointments in service shall not be subject to the provisions of these Regulations.”
It also mandated that the nomenclature of the pharmacist already in service before the commencement of these regulations shall be changed in tune with the regulation and a notification in this regard will be published by the concerned Central or state government. The number of posts reserved for direct recruitment and for promotion will be govern by the reservation policy of the concerned Central or state government.
Whenever there is a vacancy to be filled up by direct recruitment to the service, it should be in accordance with the pay level as provided in these regulations and as amended time to time. The competent authority of the Central, state or UT government shall send requisition to the concerned recruitment authority of the Central, state or UT in full adherence with these regulations, said that regulation, which has now been declared as ultra vires the Act.
