Page No.# 1/5 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 9331 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And 4 Ors on 5 December, 2025

                                                                  Page No.# 1/5

GAHC010250562025




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

                       Case No. : WP(C)/6518/2025

         NITAI CHANDRA PAUL AND ANR
         PHARMACIST REGD. NO. 11702 SON OF SUBAL CHANDRA PAUL,
         R/O GUAGHCHA, P.O. GUAGHCHA,
         P.S. BARPETA ROADDISTRICT - BARPETA, PIN-781315, ASSAM

         2: GOPAL CHANDRA SAHA
          PHARMACIST REGD. NO. 9649 SON OF LATE SRINIBASH SAHA
          NAGARBERA
         VILLAGE - PUJU PARA
          DISTRICT - KAMRUP
          PIN - 783381
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY ITS COMMISSIONER AND SECRETARY, DEPARTMENT
         OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF ASSAM, DISPUR,
         GUWAHATI - 781006, ASSAM

         2:THE DIRECTOR OF HEALTH SERVICES
         ASSAM. OFFICE AT PHARMACY BHAWAN
          HENGRABARI
          GUWAHATI - 781036
          KAMRUP(M)
         ASSAM.

         3:THE ASSAM PHARMACY COUNCIL

         REPRESENTED BY THE REGISTRAR CUM SECRETARY SITUATED IN THE
         OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS
         PHARMACY BHAWAN
         HENGRABARI
         GUWAHATI - 781036
                                                                         Page No.# 2/5

             ASSAM.

            4:THE EXECUTIVE COMMITTEEM
            ASSAM PHARMACY COUNCIL REPRESENTED BY THE PRESIDENT
             HAVING ITS OFFICE AT THE DIRECTOR OF HEALTH SERVICES CAMPUS
             PHARMACY BHAWAN
             HENGRABARI
             GUWAHATI 781036
             KAMRUP(M)
            ASSAM.

            5:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL
             PHARMACY BHAWAN
             HENGRABARI
             GUWAHATI 781036
             KAMRUP(M)
            ASSAM

Advocate for the Petitioner   : MR. A DAS, MR. P SENGUPTA,MR S KHOUND

Advocate for the Respondent : SC, HEALTH,




                                   BEFORE
                   HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                       JUDGMENT

05.12.2025

1. Heard learned counsel for the parties.

2. On the last occasion, i.e., on 01.12.2025, the learned counsel for the petitioners submitted that the matter is covered by an earlier judgment passed by this Court in WP(C) No. 4543/2023.

3. The learned Additional Advocate General was granted time to obtain instructions. Today, it is submitted that a similar order would also cover the grievance of the petitioner.

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4. In view of the submissions made, this writ petition is disposed of in terms of the order passed in WP(C) No. 4543/2023, the operative part of which is as follows -

7. Paragraph 7 and 8 of the order dated 18.03.2024 passed in WP(C) 1543/2024 is reproduced hereinbelow, as follows:

"7. Accordingly, this Court is of the view that in terms of the order dated 24.11.2023, passed in W.A. No. 431/2023, the petitioners should be allowed to file an appeal as and when they are given a copy of the Executive Committee Resolution and the confirmation of the same by the State Council.

8. 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 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 of the Executive Committee Resolution to the 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 the copies of the resolution made by the Page No.# 4/5

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 the Resolution of the Executive Committee and confirmation by the State Council is provided to the petitioners, the orders of cancellation of licences of the petitioners shall remain suspended. The above is also subject to the condition that the petitioners should approach the respondent No.1 for furnishing copies of the Resolution of the Executive Committee and confirmation made by the State Council, within a period of 10(ten) days from today."

8. On considering the submissions made by the counsels for the parties and the order dated 18.03.2024 passed in WP(C) 1543/2024, this writ petition is disposed of with a direction to the respondents to provide to the petitioners, the Executive Committee Resolution (6) and the Confirmation made by the State Council, within two weeks, from the date of receipt of a certified copy of this order along with the copy of the writ petition.

9. Till the Resolution (6) of the Executive Committee and the Confirmation made by the State Council is provided to the petitioners, the orders of cancellation of the licences of the petitioners shall remain suspended. The above is however subject to the condition that the petitioners approach the respondents with the certified copy of this order along with the copy of the writ petition, within 10 (ten) days from today.

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5. Accordingly, the writ petition is disposed of.

JUDGE

Comparing Assistant