Sourav Acharjee vs The State Of Assam And 3 Ors
2025 Latest Caselaw 4798 Gua

Gauhati High Court

Sourav Acharjee vs The State Of Assam And 3 Ors on 22 August, 2025

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GAHC010184322025




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

                                 Case No. : WP(C)/4835/2025

            SOURAV ACHARJEE
            S/O- DIPAK ACHARJEE, R/O- VILL.- JAGUN BAZAAR, NEAR JAGUN POLICE
            OUTPOST, P.O. JAGUN, P.S. LEKHAPANI, DIST. TINSUKIA-786188.


            VERSUS


            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
            ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM, DISPUR,
            GUWAHATI-781006.


            2:THE REGISTRAR CUM SECRETARY
            ASSAM PHARMACY COUNCIL
             HENGRABARI
             GUWAHATI-781036.


            3:THE DIRECTOR OF MEDICAL EDUCATION
            ASSAM
             SIXMILE
             KHANAPAEA
             GUWAHATI-781022.


            4:THE HILLSIDE COLLEGE OF PHARMACY AND RESEARCH CENTRE
             REPRESENTED BY THE PRINCIPAL
             BANGALORE-560109

Advocate for the Petitioner   : MR. N BORAH, G. R. SINGHA,MR M.J. BHARALI,S K LAHAN

Advocate for the Respondent : SC, HEALTH,
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                                  BEFORE
                    HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                     ORDER

Date : 22-08-2025

Heard Mr. N Borah, learned counsel for the petitioner, who has filed the instant writ petition under Article 226 of the Constitution of India for issuance of the appropriate writ/order to the respondents on the ground that the petitioner after having passed his Higher Secondary (Science) examination in the year 2017 was thereafter admitted in Diploma in Pharmacy course at Hillside College of Pharmacy & Research Centre, Bangalore. The Institution being duly registered under Section 12 of the Pharmacy Act, 1948 and approved by the Pharmacy Council of India (PCI) and also All India Council for Technical Education (AICTE) being affiliated to the Rajiv Gandhi University of Health Sciences (RGUHS), Karnataka. The petitioner after completion of his 2 (two) years course of diploma passed the examination in 2023. However, the respondents refused his registration before the Assam Pharmacy Council on the grounds that the petitioner had failed physics theory in Higher Secondary.

The learned counsel submits that the refusal of his registration by the respondents is not as per manner and submits that a co-ordinate Bench of this Court in WP(C) 6394/2024 dated 11.06.2025 had passed an order in favour of the petitioner therein, the facts and circumstances are similar. He prays that a similar order may also be passed in the instant case also.

This Court however finds it appropriate to issue notice. Accordingly, issue Page No.# 3/3

notice of motion.

Mr. B Gogoi, learned counsel accepts notice on behalf of respondent Nos. 1 to 3. No need to issue formal notice.

Requisite extra copies of the writ petition be furnished to the learned counsel for the respondents during the course of the day.

It is submitted by the learned counsel for the petitioner that notice to respondent No. 4 is not required at this stage.

Accordingly, the respondent Nos. 1 to 3 is to get instructions whether the instant case is a covered matter as per the judgment passed by a co-ordinate Bench of this Court in WP(C) 6394/2024 dated 11.06.2025.

Meanwhile, pendency of the instant writ petition will not be a bar for the respondents to consider the case of the petitioner.

List the matter on 17.09.2025.

JUDGE

Comparing Assistant