Sankar Paul Choudhury And 19 Ors vs Page No.# 5/ on 4 May, 2026

                                                                 Page No.# 1/10

GAHC010076422026




                                                            2026:GAU-AS:6029

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

                          Case No. : WP(C)/2097/2026

         SANKAR PAUL CHOUDHURY AND 19 ORS.
         PHARMACIST REGD. NO. 9804 AGED ABOUT 65 YEARS SON OF LT. NIHIR
         CH. PAUL CHOUDHURY, RESIDENT OF SONAI ROAD, RANGIRKHARI, P.O. -
         SILCHAR, DISTRICT - CACHAR, PIN - 788005, ASSAM

         2: MUKUL PAUL
          PHARMACIST REGD. NO. 8383 AGED ABOUT 61 YEARS SON OF LATE
         MATHINDRA CH. PAUL
          RESIDENT OF PURNA PAUL ROAD
          BIPAR
          SILCHAR
          DISTRICT - CACHAR
          PIN -788001
         ASSAM.

         3: AMAL KR SEN
          PHARMACIST REGD. NO. 9912 AGED ABOUT 69 YEARS SON OF LATE
         ABINASH CH. SEN
          RESIDENT OF LINK ROAD
          LANE NO. 07
          P.O.- SILCHAR
          DIST.- CACHAR
          PIN - 788001
         ASSAM.

         4: SAMIR PAUL CHOUDHURY
          PHARMACIST REGD. NO. 9483 AGED ABOUT 67 SON OF LT. NIHIR CH.
         PAUL CHOUDHURY
          RESIDENT OF RANGIRKHAR
          SONAI ROAD
          P.O.- SILCHAR
          DIST.- CACHAR
          PIN - 788005
         ASSAM.
                                                       Page No.# 2/10


5: BHASKAR PAUL CHOUDHURY

PHARMACIST REGD. NO. 9803 AGED ABOUT 57 YEARS SON OF LT. NIHIR
CH. PAUL CHOUDHURY
RESIDENT OF SONAI ROAD
RANGIRKHARI
SILCHAR
DIST. - CACHAR
PIN -788005
ASSAM.

6: JISHU BHOWAL
 PHARMACIST REGD. NO. 11461 AGED ABOUT 58 YEARS SON OF LATE
SATYENDRA NATH BHOWAL
 RESIDENT OF SADARGHAT ROAD
 P.O.- SILCHAR
 DIST. - CACHAR
 PIN - 788001
ASSAM.

7: MD ISLAM UDDIN MAZUMDER
 PHARMACIST REGD. NO. 9931 AGED ABOUT 64 YEARS SON OF MD.
NAZRUL HAQUE MAZUMDER
 RESIDENT OF VILL. AND P.O. SONABARI GHAT
 DIST. - CACHAR
 PIN - 788013
ASSAM.

8: BISHU CHAKRABORTY
 PHARMACIST REGD. NO. 10270 SON OF LATE MAKHANLAL
CHAKRABORTY
AGED ABOUT 59 YEARS RESIDENT OF VILL - SRIPUR
 P. PATHARKANDI
 DIST. - KARIMGANJ
 PIN - 788724
ASSAM.

9: DEBASISH CHAKRABORTY
 PHARMACIST REGD. NO. 10675 AGED ABOUT 50 YEARS SON OF LATE
GOPAL CHAKRABORTY
 RESIDENT OF VILL - SRIPUR
 P. PATHARKANDI
 DIST. - KARIMGANJ
 PIN -788724
ASSAM.

10: RAJAT KANTI PAUL
                                                        Page No.# 3/10

SON OF LATE RAKESH RANJAN PAUL
AGED ABOUT 63 YEARS RESIDENT OF H. NO. 64
WARD NO. 4
MAIN ROAD
ITKHOLA
P.O. - SILCHAR
DIST. CACHAR
PIN - 788001
ASSAM.

11: SUKANTA DEY
 PHARMACIST REGD. NO. - 7805 AGED ABOUT 72 YEARS SON OF LATE
SUBODH CHANDRA DEY
 RESIDENT OF P.O. AND VILL - FULERTAL
 DIST - CACHAR
 PIN - 788106
ASSAM.

12: BHANU PAUL
 PHARMACIST REGD. NO. - 8614 AGED ABOUT 55 YEARS SON OF LATE
INDRA MOHAN PAUL
 RESIDENT OF VILL - SADAGRAM
 P. - DHOLAI BAZAR
 DIST. - CACHAR
 PIN -788114
 ASSAM.

13: DHRUBA DEY
 PHARMACIST REGD. NO. 8975 AGED ABOUT 71 YEARS SON OF LATE
DHIRENDRA KR. DEY
 RESIDENT OF VILL AND P.O. - PAILPOOL
 DIST.- CACHAR
 PIN - 788098
ASSAM.

14: TAPAN KANTI BHATTACHARJEE
 PHARMACIST REGD. NO. 8974 AGED ABOUT 57 YEARS SON OF LATE
MANIK CH. BHATTACHARJEE
 RESIDENT OF VILL. AND P.O. DASGRAM
 DIST. - KARIMGANJ
 PIN - 788722
ASSAM.

15: SUDHANGSHU DUTTA
 PHARMACIST REGD. NO. 9167 AGED ABOUT 67 YEARS SON OF LATE
BIRESH CH. DUTTA
 RESIDENT OF SUBASH NAGAR
 JOY HIND LANE
                                                       Page No.# 4/10

P.O.- SILCHAR
DIST.- CACHAR
PIN -788004
ASSAM.

16: MRINAL KANTI DAS
 PHARMACIST REGD. NO. 9075 AGED ABOUT 59 YEARS SON OF LATE
MANMATH NATH DAS
 RESIDENT OF LAKHIPUR TOWN
WARD NO. 8
 DIST - CACHAR
 PIN - 788103
ASSAM.

17: KHAIRUL AMIN LASKAR
 PHARMACIST REGD. NO. 8163 AGED ABOUT 61 YEARS SON OF LATE
GULZAR UDDIN LASKAR
 RESIDENT OF VILL AND P.O. - BHAGA BAZAR
 DIST. - CACHAR
 PIN - 788120
ASSAM.

18: DEBASHIS CHAKRABORTY
 PHARMACIST REGD. NO. 10626 AGED ABOUT 52 YEARS SON OF LATE
DWIJENDRA CHAKRABORTY
 RESIDENT OF VILL.- PATHARKANDI
 DIST. - KARIMGANJ
 PIN - 788710
ASSAM.

19: ABIDUR RAHAMAN MAZUMDER
 PHARMACIST REGD. NO. 11700 AGED ABOUT 44 YEARS SON OF LATE
ASHAD UDDIN MAZUMDER
 RESIDENT OF VILL. AND P.O. SONABARIGHAT
 DIST. - CACHAR
 PIN -788013
ASSAM.

20: SHYAMAL CHANDRA PAUL
 PHARMACIST REGD. NO. 9007 AGED ABOUT 58 YEARS SON OF LATE
UMESH CH. PAUL
 RESIDENT OF JOYPUR NUTUN BAZAR
 P.O.- JOYPUR RAZABAR
 DIST. - CACHAR
 PIN - 788107
ASSAM

VERSUS
                                                                        Page No.# 5/10


            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
            ASSAM.

            4:THE EXECUTIVE COMMITTEE


             ASSAM PHARMACY COUNCIL REPRESENTED BY THE PRESIDENT
             HAVING ITS OFFICE AT THE DIRECTOR OF HEALTH SERVICES CAMPUS
             PHARMACY BHAWAN
             HENGRABARI
             GUWAHATI 781036
             KAMRUPM
             ASSAM.

            5:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL


             PHARMACY BHAWAN
             HENGRABARI
             GUWAHATI 781036
             KAMRUP(M)
             ASSAM

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

Advocate for the Respondent : SC, HEALTH,
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                            BEFORE
                HONOURABLE MR. JUSTICE KARDAK ETE
                                      ORDER

Date : 04.05.2026

Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General for all the respondents.

2. Having considered the issue involved in this writ petition and as agreed to by learned counsel for the parties, same is heard and disposed of at the motion stage itself.

3. The petitioners, 20 (twenty) in numbers, claim to be the Pharmacists, got their names registered in various State Councils/Tribunals constituted under the provisions of Pharmacy Act, 1948 and were subsequently transferred to the Assam Pharmacy Council under the provisions of the Pharmacy Act, 1948. Being aggrieved by deletion of their names from the register of Pharmacist, the petitioners submitted representations before the competent authority. However, by the impugned cancellation notices dated 04.05.2023, 05.05.2023, 29.05.2023, 01.06.2023, 02.06.2023 and 09.06.2023, the registration of the petitioners have been permanently cancelled under Section 36(I)(i) of the Pharmacy Act, 1948 and their names were removed from the Register of the Assam Pharmacy Council as they have failed to submit any relevant documents justifying their qualification to substantiate their eligibility to register as Pharmacist. The said cancellation notices were based on the Executive Committee Resolution (6) dated 17.08.2022 and its confirmation by the State Page No.# 7/10

Council dated 20.01.2023.

4. It is the contention of the petitioners that the impugned cancellation notices have not been furnished to them and therefore, they could not file any appeal under the provisions of the Pharmacy Act, 1948. The petitioners came to know about such cancellation only in the month of February, 2026. Hence, this writ petition has been filed.

5. It is the further case of the petitioners that the case of the petitioners is squarely covered by the order dated 18.03.2024, passed by the Co-ordinate Bench of this Court in WP(C) No. 1543/2024, and therefore, similar relief may be granted to the petitioners.

6. Mr. B. Gogoi, learned Additional Advocate General, fairly submits that the case of the present petitioners would be covered by the aforesaid order dated 18.03.2024, passed in WP(C) No. 1543/2024, and other writ petitioners and therefore, the petitioners may be entitled to be granted similar relief.

7. Having considered the submissions made by the learned counsel for the parties and perusal of the order dated 18.03.2024, passed in WP(C) No. 1543/2024, I am of the considered view that the aforesaid order would cover the case of the present petitioners and thus, the present petitioners are entitled to be granted the similar relief, as the impugned cancellation notices dated 04.05.2023, 05.05.2023, 29.05.2023, 01.06.2023, 02.06.2023 and 09.06.2023 have not been communicated to the petitioners in time.

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8. The relevant paragraphs of the order dated 18.03.2024, passed in WP(C) No. 1543/2024, are reproduced hereinbelow:

"6. The Division Bench of this Court in its order dated 24.11.2023 passed in W.A. No.431/2023 disposed of the appeal as follows-

"3. After hearing the learned counsel for the parties, instead of keeping this writ appeal pending, this appeal is accordingly disposed of directing the appellants to approach the Office of the Assam Pharmacy Council within a period of 2(two) weeks from today, for issuance of copies of the Executive Committee Resolution (6) dated 17.08.2022 and confirmation by the State Council under Section 36 (3) of the Pharmacy Act, 1948 on 20.01.2023. On receipt of the same, the appellants are given liberty to file an appeal before the State Government within a period of 30(thirty) days from the date of receipt of the copies of the Executive Committee Resolution and the confirmation by the State Council.

4. Till the copies of the Resolution of the Executive Committee and the confirmation by the State Council is furnished to the appellants, the impugned orders of cancellation shall remain suspended.

5. With the aforesaid directions, this writ appeal is disposed of."

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:

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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 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."

9. After the disposal of the aforesaid writ petition, other connected writ petitions were also disposed of by this Court by providing similar relief.

10. In view of above, this writ petition is disposed of by providing similar relief to the present petitioners. Accordingly, it is provided that the respondent No. 3 shall provide a copy of 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 within a period of 2 (two) weeks. On receipt of the copies of the resolution by the Executive Committee and the confirmation made by the State Council, the petitioners shall be at liberty to approach the Appellate Authority Page No.# 10/10

within the prescribed period of time under Section 36(4) of the Act, 1948. Till the Resolution of the Executive Committee and confirmation by the State Council is provided to the petitioners, the impugned orders of cancellation of licences of the petitioners shall remain suspended subject to the condition that the petitioners should approach the respondent No. 3 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.

11. Writ petition stands disposed of.

JUDGE

Comparing Assistant