Page No.# 1/8 vs The Assam Pharmacy Council And 5 Ors
2024 Latest Caselaw 6425 Gua

Gauhati High Court

Page No.# 1/8 vs The Assam Pharmacy Council And 5 Ors on 30 September, 2024

                                                                 Page No.# 1/8

GAHC010125102023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3340/2023

         DULAL CHANDRA DEY AND 14 ORS.
         PHARMACIST REGISTRATION NO.7313, 32(B), SON OF LATE GOPAL CH.
         DEY
         C/O- DEYS MEDICAL HALL
         P.O. AND P.S.-KOKRAJHAR
         DIST.-KOKRAJHAR, PIN NO.-783370
         BTC, ASSAM.

         2: CHABILAL SARMAH
          PHARMACIST REGISTRATION NO.9244
          32(B)

         SON OF LATE BEDANIDHI SARMAH
         C/O- SARMA MEDICAL HALL
         VILL AND P.O.-GOGAMUKH
         P.S.-GOGAMUKH
         DIST.-DHEMAJI
          PIN NO.-787034
         ASSAM.

         3: KESHAB HORE

          PHARMACIST REGISTRATION NO.11533
          32(B)

         SON OF LATE KEDARESWAR HORE
         DAKSHIN LUMDING
          P.O.-LUMDING
         P.S.-LUMDING
          DIST.-HOJAI
         PIN NO.-782447
         ASSAM.

         4: SHYAMAL KUMAR MAJUMDER
                                      Page No.# 2/8


PHARMACIST REGISTRATION NO.11695
32(B)

SON OF LATE KANU LAL MAJUMDER
HARIWOM TILA
 P.O.-LUMDING
P.S.-LUMDING
 DIST.-HOJAI
PIN NO.-782447
ASSAM.

5: MD. HAZARAT ALI

PHARMACIST REGISTRATION NO.8058
32(B)

SON OF LATE JANAB ALI
BORJOHA GAON
P.O.-UDALI BAZAR
DIST.-HOJAI
PIN NO.-782446
ASSAM.

6: HRIDOY DAS
 PHARMACIST REGISTRATION NO.9980
 32(B)

SON OF LATE MONGAL CH. DAS
SOCIETY
P.O.-SILAPATHAR
DIST.-DHEMAJI
PIN NO.-787059
ASSAM.

7: PRAN KRISHNA DAS
 PHARMACIST REGISTRATION NO.9488
 32(B)

SON OF MANINDRA CH. DAS
C/O-M/S. GEERANJALI MEDICAL STORES

THANA ROAD
P.O. AND DIST-KOKRAJHAR
PIN NO.-783370
ASSAM.

8: KARTIK CH. MAZUMDER
                                     Page No.# 3/8

PHARMACIST REGISTRATION NO.7710
32(B)

SON OF LATE K.K. MAJUMDER
C/O-M/S. MAA KAMAKHYA DRUG HOUSE
MAIN ROAD
BASUGAON

P.O.-BASUGAON
DIST.-KOKRAJHAR (CHIRANG)
PIN NO.-783372
ASSAM.

9: ASHIM KR. SARKAR
 PHARMACIST REGISTRATION NO.10066
 32(B)

SON OF DIJENDRA SARKAR
EX. POLICE LINE
 TEZPUR
P.O.-TEZPUR
DIST.-SONITPUR
PIN NO.-784001
ASSAM.

10: JATINDRA CHANDRA ROY
 PHARMACIST REGISTRATION NO.7512
 32(B)

SON OF LATE PAGAL CHANDRA ROY
NEPALIPATTY
WARD NO.13

P.O.-TEZPUR
DIST.-SONITPUR
PIN NO.-784001
ASSAM.

11: BABUL CHANDRA BARMAN
 PHARMACIST REGISTRATION NO. 8584
 32(B)

SON OF LATE P.C. BARMAN
SINGRI (NATUN)
P.O.-SINGRI
DIST.-SONITPUR
PIN NO.-784001
ASSAM.
                                      Page No.# 4/8


12: CHANDAN BHOWAL
 PHARMACIST REGISTRATION NO. 8671
 32(B)

SON OF LATE SURENDRA CH. BHOWAL

MAHABHURAB
P.O.-TEZPUR

DIST.-SONITPUR
PIN NO.-784001
ASSAM.

13: RANJAN KUMAR ADITYA
 PHARMACIST REGISTRATION NO. 10368
 32(B)

SON OF LATE RATHINDRA KR. ADITYA
BAMUNIMAIDAN
KUSHAL NAHAR
H.N.-66
DIST.-KAMRUP (M)
PIN NO.-781021
ASSAM.

14: BHOLANATH SARMAH
 PHARMACIST REGISTRATION NO. 8426
 32(B)

SON OF LATE DUNGAR MAL SARMAH
SRINAGAR MASJID ROAD
P.O.-DISPUR
GUWAHATI
DIST.-KAMRUP (M)

PIN NO.-781005
ASSAM.

15: BIMAL DUTTA
 PHARMACIST REGISTRATION NO. 9509
 32(B)

SON OF LATE KANAI DUTTA
C/O- M/S. DUTTA MEDICAL STORES
VII- NAMANI MISHING GAON

P.O.-SILAPATHAR
                                                        Page No.# 5/8

DIST.-DHEMAJI
PIN NO.-787059
ASSAM

VERSUS

THE ASSAM PHARMACY COUNCIL AND 5 ORS
A COUNCIL CONSTITUTED UNDER THE PROVISIONS OF SEC. 19 OF THE
PHARMACY ACT, 1948 AND HAVING ITS OFFICE SITUATED IN THE OFFICE
OF THE DIRECTOR OF HEALTH SERVICES CAMPUS, PHARMACY
BHAWAN, HENGRABARI, GUWAHATI 781036, IN THE DISTRICT OF
KAMRUP(M), ASSAM.

2:THE EXECUTIVE COMMITTEE

A COMMITTEE CONSTITUTED UNDER SEC. 27 OF THE PHARMACY ACT
1948 AND REPRESENTED BY THE PRESIDENT HAVING ITS OFFICE AT
OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS
PHARMACY BHAWAN
HENGRABARI
GUWAHATI 781036
IN THE DISTRICT OF KAMRUP(M)
ASSAM.

3:THE REGISTRAR CUM SECRETARY
ASSAM PHARMACY COUNCIL
 HENGRABARI
 PHARMACY BHAWAN
 GUWAHATI - 781036 IN THE DISTRICT OF KAMRUP(M)
ASSAM.

4:THE STATE OF ASSAM
 REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
 HEALTH AND FAMILY WELFARE DEPARTMENT
 DISPUR
 GUWAHATI - 781006.

5:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM

HEALTH AND FAMILY WELFARE DEPARTMENT
DISPUR
GUWAHATI - 781006.

6:THE DIRECTOR

HEALTH SERVICES
HENGRABARI
GUWAHATI- 781036 IN THE DISTRICT OF KAMRUP(M)
                                                                              Page No.# 6/8

            ASSAM

Advocate for the Petitioner : MR. S SARMA, MR. R HAZARIKA,MR. C CHAKRAVARTY,MR T
MEELEE,MR D DAS,MS E NATH

Advocate for the Respondent : SC, HEALTH,




                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

30.09.2024 Heard Mr. S Sarma, learned counsel for the petitioners. Also heard Mr. G Gogoi, learned standing counsel for the Health Department.

2. This court under its order dated 31.05.2018 passed in WP(C) No. 3822/2017 and other connected writ petitions directed the respondent No. 1 to consider the case of the petitioner as regards validity of their licenses in terms of the Section 36 of the Pharmacy Act, 1948. It was also observed that while taking decision in exercise of power under Section 36 of the Act, the Executive Committee is to have strict regard to the certain findings in the aforesaid judgment. Subsequently, in exercise of power under Section 36 of the Act, 1948, the licenses of the petitioners were cancelled and the names of the petitioners were deleted from the roll of Pharmacy Council by the orders, which are under challenge in this writ proceeding.

3. Some similarly situated persons also approached this court by filing WP(C) 5335/2023. However, the Co-ordinate Bench did not pass any interim order staying such orders passed under Section 36 of the Act, 1948 by the Executive Committee of the Pharmacy Council. Being aggrieved, those petitioners approached the Hon'ble Division Bench by filing WA 431/2023. The Hon'ble Division Bench under its order dated 24.11.2023 disposed of the appeal directing the appellants to approach the office of the Assam Pharmacy Council Page No.# 7/8

within a period of two weeks from passing of the said order in terms of Section 36(4) of the Act, 1948 i.e. to prefer an appeal.

4. In this case, a specific statement has been made that no copy of the order of confirmation passed by the Executive Committee of the Council in exercise of its power under Section 36(3) of the Act has been served upon the petitioner and therefore, in terms of Sub-section 4 of Section 36 of the Act, the petitioners are not in a position to prefer an appeal.

5. The impugned order(s) dated 29.04.2023, 04.05.2023, 05.05.2023, 09.05.2023 & 15.05.2023 are communications of the Registrar of the Assam Pharmacy Council by which the decision to remove the name of the petitioners from the register of the council was communicated and there is nothing to show that the copy of the decision of the Executive Council or any confirmation made by the State Council is provided to the petitioners.

6. That being the position, the learned counsel for the petitioners submits that they are still willing to prefer an appeal subject to furnishing them a copy of the decision of the Executive Committee and order of confirmation by the State Council.

7. As an alternative remedy of appeal under Section 36(4) of the Act, 1948 is available and in the meantime the Hon'ble Division Bench in a similar circumstance has relegated the similarly situated petitioners to approach the appellate authority, this writ petition also stands disposed of with the following directions:

I. The petitioners within a period of ten days from today shall submit a copy of the order passed by this Court today along with a copy of the writ petition to the respondent No.1.

II. The respondent No. 1 within a period of two weeks thereafter shall provide a copy each of the Executive Committee decision to the Page No.# 8/8

petitioners, whereby the decision to remove the name of the petitioners from the roll of the council was taken and a copy of the decision/confirmation made by the State Council. III. Thereafter, on receipt of copies of the copies of the determination made by the Executive Committee and the confirmation made by the State Council, the petitioners shall be at liberty to approach the Appellate Authority within the prescribed period of time under Section 36(4) of the Act, 1948.

IV. Till copies of the decision of the Executive Committee and the confirmation as discussed herein above are handed over to the petitioners, the impugned orders of cancellation of license dated 29.04.2023, 23.04.2023, 05.05.2023, 09.05.2023 & 15.05.2023 shall remain suspended.

V. Accordingly, this writ petition stands disposed of.

8. While parting with the record, it is made clear that this court has not entered into any merit of the decision taken by the Executive Committee or by the State Council. The Appellate Authority shall be at liberty to consider all the grievances of the petitioners in terms of the Pharmacy Act, 1948.

JUDGE

Comparing Assistant