Page No.# 1/6 GAHC010189012023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4976/2023 MEGHNAD CHAKRABORTY AND 6 ORS S/O- LATE JATINDRA MOHAN CHAKRABORTY, R/O- VILLAGE SANTIPARA, P.O. DHEKIAJULI, PIN- 784110, DIST.- SONITPUR, ASSAM, PIN- 785001 2: SRI DEBABRATA KUMAR LODH S/O- LATE HARENDRA LODH R/O- WARD NO.10 P.O. DHEKIAJULI PIN- 784110 DIST.- SONITPUR ASSAM 3: SRI BIBEKANANDA KALITA S/O- LATE TANKESWAR KALITA R/O- WARD NO. 03 P.O. DHEKIAJULI PIN- 784110 4: SRI DEBABRAT PANDIT S/O- UZZAL CHANDRA PANDIT R/O- BHAIRAB NAGAR (TILA) P.O. TEZPUR PIN- 784001 DIST.- SONITPUR ASSAM PIN- 785001 DIST.- SONITPUR ASSAM 5: SRI BIKASH DEBNATH S/O- LATE BANKIM DEBNATH R/O- WARD NO.04 L.B ROAD P.O. DHEKIAJULI PIN- 784110 Page No.# 2/6 DISTRICT- SONITPUR 6: SRI BRAJENDRA SAIKIA S/O- LATE RABINDRA MOHAN SAIKIA R/O- VILLAGE- BHETAPARA P.O. ALISINGA PIN- 784112 DISTRICT- SONITPUR 7: SRI PRADIP KUMAR DEY S/O- LATE RAMESH CHANDRA DEY R/O- VILLAGE- BHETAPARA P.O. ALISINGA PIN- 784112 DISTRICT- SONITPU VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DIRECTOR HEALTH SERVICES HENGRABARI GUWAHATI- 781036 DISTRICT- KAMRUP (M) ASSAM 4:THE ASSAM PHARMACY COUNCIL A COUNCIL CONSTITUTED UNDER SECTION 19 OF THE PHARMACY ACT 1948 AND REPRESENTED BY ITS REGISTRAR CUM SECRETARY HAVING ITS OFFICE IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036 DISTRICT- KAMRUP (M) ASSAM 5:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL Page No.# 3/6 OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036 DISTRICT- KAMRUP (M) ASSAM 6:THE EXECUTIVE COMMITTEE A COMMITTEE CONSTITUTED UNDER SETION 27 OF THE PHARMACY ACT 1948 AND REPRESENTED BY ITS PRESIDENT HAVING ITS OFFICE IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036 DISTRICT- KAMRUP (M) ASSA Advocate for the Petitioner : MR B D DAS, MR S BORA,MR. H R DAS,MRS R DEKA,MR. S C BISWAS Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.01.2026 Heard Shri B.D. Das, learned Senior Counsel assisted by Ms. R. Deka, learned counsel for the petitioners. Also heard Shri B. 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 Pharmacist licenses in terms of the Section 36 of the Pharmacy Act, 1948. It was also observed that while taking the decision, the Executive Committee is to have Page No.# 4/6 strict regard to the certain findings in the aforesaid judgment. Subsequently, the licenses of the petitioners were cancelled and the names of the petitioners were deleted from the Roll of Pharmacy Council by orders, which are the subject matter of challenge in the present petition. 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. 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 by way of an appeal within a period of two weeks from passing of the said order in terms of Section 36(4) of the Act, 1948. 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 has been served upon the petitioners 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 orders dated 11.06.2023 and 12.06.2023 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 Page No.# 5/6 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 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 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 11.06.2023 and 12.06.2023 shall remain suspended. 8. The writ petition accordingly stands disposed of. 9. 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 Page No.# 6/6 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 and in such consideration the petitioners are required to be given a hearing. JUDGE Comparing Assistant