Page No.# 1/7 vs Assam Pharmacy Council And 5 Ors on 10 February, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                              Page No.# 1/7

GAHC010189752023




                                                        2026:GAU-AS:1823

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

                           Case No. : WP(C)/5528/2023

         SANTANU BARKATOKY AND 5 ORS.
         S/O- LATE M.C BARKATOKY,
         R/O- S ROAD, TINSUKIA,
         P.O AND DIST- TINSUKIA, ASSAM, PIN-785630

         2: ALOK CHAKRABORTY
          S/O- LATE ANIL KUMAR CHAKRABORTY

         R/O- MARIANI

         P.O- MARIANI

         DIST- JORHAT
         ASSAM
         PIN-785634

         3: PRADIP KUMAR CHAKRABORTY
          S/O- LATE PRAFULLA KUMAR CHAKRABORTY

         R/O- R.K BORDOLOI PATH

         P.O AND DIST- DIBRUGARH

          ASSAM
          PIN-786001

         4: MONUHAR JAISWAL
          S/O- LATE JAWAHAR JAISWAL

         R/O- 3 NO. NAVAKRA
         RAJGARH


         DIST- DIBRUGARH
                                                        Page No.# 2/7


ASSAM
PIN-786611

5: ASHOK KUMAR PAUL
 S/O- LATE AMAL KRISHNA PAUL

R/O- WARD NO- 7
RANGAPARA
DIST- SONITPUR
ASSAM
PIN-784505

6: AMIT SENGUPTA
 S/O- LATE ARUN SENGUPTA

R/O- WARD NO- 7
RANGAPARA
DIST- SONITPUR
ASSAM
PIN-78450

VERSUS

ASSAM PHARMACY COUNCIL AND 5 ORS.
A COUNCIL CONSTITUTED UNDER SECTION 19 OF THE PHARMACY ACT,
1948, REPRESENTED BY ITS REGISTRAR-CUM-SECRETARY, HAVING ITS
OFFICE SITUATED IN THE OFFICE OF THE DIRECTOR OF HEALTH
SERVICES, ASSAM, HENGRABARI, GUWAHATI- 781036.

2:THE EXECUTIVE COMMITTEE
A COMMITTEE CONSTITUTED UNDER THE SECTION 27 OF THE
PHARMACY ACT
 1948 AND REPRESENTED BY THE PRESIDENT HAVING ITS OFFICE AT THE
OFFICE OF THE DIRECTOR OF HEALTH SERVICES
ASSAM
 HENGRABARI
 GUWAHATI- 781036
 DISTRICT- KAMRUP(M)
ASSAM.

3:THE REGISTRAR-CUM-SECRETARY
ASSAM PHARMACY COUNCIL
 C/O- DIRECTOR OF HEALTH SERVICES
ASSAM
 HENGRABARI
 GUWAHATI- 781036.
                                                                         Page No.# 3/7

            4:PRESIDENT
            ASSAM PHARMACY COUNCIL
             C/O- DIRECTOR OF HEALTH SERVICES
            ASSAM
             HENGRABARI
             GUWAHATI- 781036.

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

            6:THE DIRECTOR
             HEALTH SERVICES
             HENGRABARI
             GUWAHATI- 781036
             DISTRICT- KAMRUP(M)
            ASSAM

Advocate for the Petitioner   : MR R SINGHA, MS S PATOWARY

Advocate for the Respondent : SC, HEALTH,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                         ORDER

Date : 10-02-2026

Heard Mr. R. Singha, learned counsel for the petitioners and Mr. M. Bhuyan, learned counsel representing Mr. B. Gogoi, learned Additional Advocate General, Assam for the official respondents.

2. The petitioners, 6 [six] in nos., have joined together to institute this writ petition stating that they have a common cause of action. The petitioners have claimed that they were registered as pharmacists with various State Council constituted under the provisions of the Pharmacy Act, 1948. Though the Page No.# 4/7

petitioners had originally obtained the registration from the State Pharmacy Councils other than Assam, subsequently, they got themselves registered with the Assam Pharmacy Council under the provisions of Section 32[b] and Section 32[2] of the Pharmacy Act, 1948.

3. The petitioners have approached this Court after they have been served with cancellation notices, similarly worded, on different dates in June, 2023, issued purportedly under Section 36[1][i] of the Pharmacy Act, 1948. For the purpose of ready reference, the contents of one of the cancellation notice are reproduced herein below :-

From : XXXX Registrar cum Secretary Assam Pharmacy Council Hengrabari, Guwahati-781036.

To : XXXX

Sub : Cancellation Notice under Section 36[1][i] of the Pharmacy Act, 1948.

Sir/Madam,

With reference to the above, I am to inform you that your Registration No. XXXX has been cancelled permanently under Section 36[1][i] of the Pharmacy Act, 1948 and removed your name from the Register of Assam Pharmacy Council as you have failed to submit any relevant documents justifying your qualification to substantiate your eligibility to register as pharmacist in term of Section 31[a] or 31[b] or 31[c]a or 31[d] of the Pharmacy Act, 1948 in terms of order passed by the Hon'ble High Court case no. WP[C] 3822/17, WA 81/18, Rev Pet No. 91/18 and I.A.[Civil] 2001/2019.

This has a reference of Executive Committee Resolution [6] dated 17.08.2022 and Page No.# 5/7

confirmation by State Council under Section 36[3] of the Pharmacy Act, 1948 on 20.01.2023.

Yours faithfully,

Registrar cum Secretary Assam Pharmacy Council, Hengrabari, Guwahati-781036

4. The learned counsel for the parties have submitted in unison that the same has already been decided by a coordinate bench of this Court vide a Judgment and Order dated 06.01.2026 passed in W.P.[C] no. 8250/2022 [ Dipak Borah and 3 others vs. Assam Pharmacy Council and 5 others ].

5. The petitioners herein have alleged violation of the principle of natural justice and have submitted that the impugned order of cancellation of their licenses have been done without giving any opportunity or notice.

6. While disposing of the writ petition in Dipak Borah [supra], the Court has observed as under :-

6. The aspect of non-issuance/non receipt of notice by the petitioners is disputed by the respondents and therefore this Court, not being a Court on facts cannot determined the said question. However, taking into consideration that the petitioners had earlier approached this Court by the first writ petition with the grievance that documents tried to be submitted by them were not accepted, this Court is of the view that interest of justice would be served if the cases of the petitioners are directed to be considered by the respondents afresh in accordance with law. The said view is taken by this Court by considering that the petitioners claimed that they have the valid documents for renewal of their licenses which is their Page No.# 6/7

specific contention in WP(C)/8250/2022.

7. Section 36 (4) of the Act provides for an appeal which reads as follows:

"36 (4) A person aggrieved by an order under sub-section (1) which has been confirmed by the State Council may, within thirty days from the communication to him of such confirmation, appeal to the State Government, and the order of the State Government upon such appeal shall be final."

8. In view of the aforesaid discussions, this Court gives the liberty to the petitioners to prefer an appeal as provided under Section 36 (4) of the Act in question on or before 23.01.2026 along with all the necessary documents and testimonials both for revocation of the order of cancellation as well as for consideration of renewal of their licenses. If the same is done within the period specified, the same is to be considered by the appellate authority in accordance with law and without insisting on the aspect of limitation as provided under Section 36 (4) of the Act in question. The order of cancellation which is the subject matter of challenge in the second writ petition i.e. WP(C)/5330/2023 would depend on the final decision which may be taken by the respondent authorities in the appeal after consideration of the replies to be filed by the petitioners along with the documents. The decision taken is required to be communicated to the petitioners in writing and in the process of such adjudication, the petitioners are required to be given a personal hearing.

7. In line with the direction given in Dipak Borah [supra], this Court disposes of the writ petition giving an opportunity to the petitioners to prefer an appeal as provided under Section 36[4] of the Pharmacy Act, 1948 on or before 10.03.2026 along with all the necessary documents and testimonies both for revocation of the order of cancellation as well as consideration of renewal of their licenses. It is further observed that if the same is done within the period specified, the same is to be considered by the appellate authority in accordance with law and without insisting on the aspect of limitation as provided under Page No.# 7/7

Section 36[4] of the Pharmacy Act, 1948. The order of cancellation issued by the impugned cancellation notices would abide by the final decision which may be taken by the respondent authorities in the appeals after consideration of the ground urged in the appeals to be filed by the petitioners along with the documents. The decision taken on the appeals, to be preferred by the petitioners, is required to be communicated to each of the petitioners in writing and in the process of such adjudication, the petitioners are required to be put on notice for affording them an opportunity of personal hearing.

8. The writ petition is disposed of in the afore-stated terms. There shall, however, be no order as to cost.

JUDGE

Comparing Assistant