Page No.# 1/12 GAHC010124792025 2025:GAU-AS:8419 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3507/2025 DEBABRATA CHOUDHURY AND 30 ORS. (PHARMACIST REGISTRATION NO. 8959, 32(B)) (AGED ABOUT 50 YEARS) S/O- MOTI LAL CHOUDHURY, R/O-KHARGESWAR ROAD, P.O.AND DIST- TINSUKIA, PIN NO.-786125, ASSAM. 2: UTTAM KUMAR DEY (PHARMACIST REGISTRATION NO. 7848 32(B)) (AGED ABOUT 58 YEARS) S/O- LATE SUDHIR KUMAR DEY C/O-DEYS MEDICAL STORES P.O. AND DIST- TINSUKIA PIN NO.-786125 ASSAM 3: ASHOK KUMAR SHARMA (PHARMACIST REGISTRATION NO. 8425 32(B)) (AGED ABOUT 72 YEARS) S/O-LT. B.S. SHARMA R/O-VILL AND P.O.-PANITOLA DIST- TINSUKIA PIN NO.-786183 ASSAM 4: AJOY BAUL (PHARMACIST REGISTRATION NO. 8464 32(B)) (AGED ABOUT 57 YEARS) S/O-LT. NITAI BAUL R/O-SRIPURIA (CONGRESS COLONY) P.O. SRIPURIA DIST- TINSUKIA PIN NO. 786145 ASSAM Page No.# 2/12 5: ANJAN KUMAR MAZUMDER (PHARMACIST REGISTRATION NO. 7898 32(B)) (AGED ABOUT 64 YEARS) S/O LT C.R. MAZUMDER C/O-MODERN MEDICAL STORE R/O-NA-PUKHURI DIST- TINSUKIA PIN NO.-786125 ASSAM. 6: DEBOJYOTI DUTTA (PHARMACIST REGISTRATION NO. 7826 32(B)) (AGED ABOUT 73 YEARS) S/O LT. MOHENDRA CH. DUTTA R/O-BORPATHAR DIST- TINSUKIA PIN NO.-786125 ASSAM 7: DILIP KUMAR BHOWMICK (PHARMACIST REGISTRATION NO. 10126 32(B) S/O- LATE SUDHANGSHU MOHAN BHOWMICK R/O- CHALIHA NAGAR J.P. AGARWALLA ROAD DIST. TINSUKIA PIN- 788125 ASSAM 8: OM PRAKASH GARODIA (AGARWAL) (PHARMACIST REGISTRATION NO. 8036 32(B)) (AGED ABOUT 77 YEARS) S/O LT. BALURAM AGARWAL C/O-KAMDAR MEDICAL STORES R/O-A.T. ROAD P.O. AND DIST- TINSUKIA PIN NO.-786125 ASSAM. 9: RAJESH LODH (PHARMACIST REGISTRATION NO. 9060 32(B)) S/O- LT. RASHOMOY LODH R/O-A.T. ROAD NEW TINSUKIA DIST- TINSUKIA PIN NO.-786125 ASSAM. Page No.# 3/12 10: PARIMAL DEY (PHARMACIST REGISTRATION NO. 9059 32(B)) (AGED ABOUT 59 YEARS) S/O- GANESH CH. DEY SRIPURIA I.O.C. ROAD P.O. SRIPURIA DIST- TINSUKIA PIN NO.-786125 ASSAM. 11: SATYAJIT KAR (PHARMACIST REGISTRATION NO. 9178 32(B)) (AGED ABOUT 62 YEARS) S/O-LT. HARADHAR CH. KAR R/O-PALLISHREE P.O. TINSUKIA DIST. TINSUKIA PIN NO.-786125 ASSAM. 12: SMTI. JAYANTI SAHA (AICH) (PHARMACIST REGISTRATION NO. 9326 32(B)) (AGED ABOUT 50 YEARS) D/O- LT. RASARAJ SAHA R/O-TALAP P.O. TALAP DIST- TINSUKIA PIN NO.-786156 ASSAM. 13: RANJIT DEB (PHARMACIST REGISTRATION NO. 9238 32(B)) (AGED ABOUT 58 YEARS) S/O- SURENDRA DEB R/O-KHARGESWAR ROAD DIST- TINSUKIA PIN NO.-786125 ASSAM. 14: SMTI. USHA KUMARI JAISWAL (PHARMACIST REGISTRATION NO. 9143 32(B)) (AGED ABOUT 47 YEARS) D/O- RAMKISHOR JAISWAL VILL AND P.O. BORHAPJAN Page No.# 4/12 P.O.-BARHAPJAN DIST- TINSUKIA PIN NO.-786150 ASSAM 15: GOPAL KARMAKAR (PHARMACIST REGISTRATION NO. 8924 32(B)) (AGED ABOUT 66 YEARS) S/O- GOUR CH. KARMAKAR R/O-SUBASH POTTY P.O. LUMDING DIST- HOJAI PIN NO.-782447 ASSAM 16: BIJAY KANTI SHYAM (PHARMACIST REGISTRATION NO. 8624 32(B)) (AGED ABOUT 57 YEARS) S/O LT. PRAMOD RANJAN SHYAM P.O. DIPHU DIST- KARBI ANGLANG PIN NO. 782460 ASSAM 17: SHEKHER DEY (PHARMACIST REGISTRATION NO. 8670 32(B)) (AGED ABOUT 57 YEARS) S/O- LT. SANTOSH DEY VILL- OLD MISSAMARI P.O. MISSAMARI DIST- SONITPUR PIN NO.-784506 ASSAM. 18: MAMIN HAZARIKA (PHARMACIST REGISTRATION NO. 8528 32(B)) (AGED ABOUT 47 YEARS) S/O- RATNESWAR HAZARIKA C/O- RATNALAKHI MEDICAL HENGRABARI NEAR L.P. SCHOOL GUWAHATI DIST- KAMRUP(M) PIN NO.-781036 ASSAM Page No.# 5/12 19: PARITOSH MITRA (PHARMACIST REGISTRATION NO. 8875 32(B)) (AGED ABOUT 58 YEARS) S/O- LT. NAGENDRA MITRA VILL- MATIA PARA P.O. BANGALJHORA DIST- BONGAIGAON PIN NO.-783380 ASSAM. 20: SAMIR BHOWAL (PHARMACIST REGISTRATION NO. 9602 32(B)) (AGED ABOUT 58 YEARS) S/O-RAMESWAR BHOWAL C/O-BHOWAL MEDICAL STORES THANA ROAD P.O. AND DIST- KOKRAJHAR PIN NO.-783370 ASSAM. 21: SMTI. SITA KUMARI SAH (PHARMACIST REGISTRATION NO. 10131 32(B)) (AGED ABOUT 55 YEARS) S/O RAM CHANDRA SAH STATION ROAD RANGIA WARD NO. 01 DIST- KAMRUP PIN NO.-781354 ASSAM. 22: RAJ KUMAR AGARWAL (PHARMACIST REGISTRATION NO. 10329 32(B)) (AGED ABOUT 59 YEARS) S/O-MAHADEO LAL AGARWAL RAJ MEDICAL W. NO. 06 P.O. RANGIA DIST- KAMRUP PIN NO.-781354 ASSAM. 23: SANJIT CHAKRABORTY (PHARMACIST REGISTRATION NO. 9492 32(B)) (AGED ABOUT 57 YEARS) S/O LT. BIRESH CH. CHAKRABORTY Page No.# 6/12 TATIPARA WARD NO. 7 P.O. RANGIA DIST. KAMRUP PIN NO.-781354 ASSAM. 24: DEVENDRA KUMAR GOWALA (PHARMACIST REGISTRATION NO. 10013 32(B)) (AGED ABOUT 52 YEARS) S/O- BIDESHI GOWALA R/O-RANGIA WARD NO. 5 P.O. RANGIA DIST. KAMRUP PIN NO.-781354 ASSAM. 25: TRIDIP KEOT (PHARMACIST REGISTRATION NO. 10427 32(B)) (AGED ABOUT 53 YEARS) S/O- SISHU RAM KEOT R/O-VILL AND P.O. BALIPUKHURI TINIALI TEZPUR DIST- SONITPUR PIN NO.-784154 ASSAM. 26: SWAPANLAL SARKAR (PHARMACIST REGISTRATION NO. 7872 32(B)) (AGED ABOUT 76 YEARS) S/O- BINODLAK SARKAR C/O-M/S SARKAR MEDICAL P.O. FAKIRAGRAM DIST- KOKRAJHAR PIN NO.-783345 ASSAM 27: PARTHA SARATHI MITRA (PHARMACIST REGISTRATION NO. 11084 32(B)) (AGED ABOUT 51 YEARS) S/O- PHANI BHUSAN MITRA C/O-PRANATI DRUG HOUSE P.O. DHEKIAJULI DIST- SONITPUR PIN NO.-784110 ASSAM Page No.# 7/12 28: ANIL CHANDRA TALUKDAR (PHARMACIST REGISTRATION NO. 5859 32(B)) (AGED ABOUT 77 YEARS) S/O LT. SARASWATI TALUKDAR R/O-RANGIA WARD NO. 3 NEAR GANDHI PATH P.O. RANGIA DIST- KAMRUP PIN NO. 781354 ASSAM 29: SANGITA ROY (PHARMACIST REGISTRATION NO. 8412 32(B)) (AGED ABOUT 54 YEARS) S/O LT GOPAL LAL ROY W/O UTPAL KUMAR ROY R/O-H. NO. 12 SANKAR NAGAR P.O. PANDU DIST- KAMRUP(M) PIN NO.-781012 ASSAM. 30: AJOY SUR ROY (PHARMACIST REGISTRATION NO. 7683 32(B)) (AGED ABOUT 76 YEARS) S/O LT. KALI PD. SUR ROY OPP. RLY QTR. NO. T/28 STATION ROAD PANDU DIST- KAMRUP(M) PIN NO.-781012 ASSAM. 31: JITU MANI BARMAN (PHARMACIST REGISTRATION NO. 8752 32(B)) (AGED ABOUT 57 YEARS) S/O LT. K.C. BARMAN BANI NAGAR DIST. KAMRUP METRO PIN- 781008 ASSA Page No.# 8/12 VERSUS THE ASSAM PHARMACY COUNCIL AND 5 ORS A COUNCIL CONSTITUTED UNDER THE PROVISIONS OF SEC. 19 OF THE PHARMACY ACT, 1948 AND HAVING ITS OFFICE SITUATED IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS, PHARMACY BHAWAN, HENGRABARI, GUWAHATI - 781036, IN THE DISTRICT OF KAMRUP(M), ASSAM. 2:THE EXECUTIVE COMMITTEE A COMMITTEE CONSTITUTED UNDER SEC. 27 OF THE PHARMACY ACT 1948 AND REPRESENTED BY THE PRESIDENT HAVING ITS OFFICE AT OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI - 781036 IN THE DISTRICT OF KAMRUP(M) ASSAM. 3:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL HENGRABARI PHARMACY BHAWAN GUWAHATI - 781036 IN THE DISTRICT OF KAMRUP (M) ASSAM. 4:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI- 781006. 5:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI - 781006. 6:THE DIRECTOR HEALTH SERVICES HENGRABARI GUWAHATI - 781036 IN THE DISTRICT OF KAMRUP (M) ASSAM Advocate for the Petitioner : MR. S SARMA, S J KALITA,B SAHA,MR B P SARMAH,MR D DAS,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : SC, HEALTH, Page No.# 9/12 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24.06.2025 Heard Mr. B. P. Sarmah, learned counsel for the petitioners, who submits that the petitioners are aggrieved by the cancellation notices made under Section 36(1)(i) of the Pharmacy Act, 1948 (hereinafter referred to as the ‘1948 Act’). 2. 2. The petitioners’ grievance is that prior to the cancellation of their pharmacist licences, they have not been furnished with the Executive Committee Resolution (6) dated 17.08.2022 and the Confirmation made by the State Council under Section 36(3) of the 1948 Act, which was the basis for cancelling the licences of the petitioners. 3. The petitioners’ counsel submits that due to the above, the petitioners have not been able to prefer an appeal in terms of Section 36 of the 1948 Act. He prays that a direction may be issued to the respondents, to furnish to the petitioners the Executive Committee Resolution (6) dated 17.08.2022 and the Confirmation made by the State Council under Section 36(3) of the 1948 Act. He also submits that similar cases have been disposed of by this Court, one of being WP(C) 1543/2024. He accordingly prays that the present writ petition may be disposed of, in terms of the order dated 18.03.2024 passed in WP(C) 1543/2024. 4. Mr. M. Bhuyan, learned counsel appearing on behalf of the Health Page No.# 10/12 Department submits that the Executive Committee Resolution (6) and the Confirmation made by the State Council would be provided to the petitioners, within a period of 2 (two) weeks from the date of receiving the certified copy of this order. 5. I have heard the learned counsels for the parties. 6. On perusing the order dated 18.03.2024 passed in WP(C) 1543/2024, this Court finds that the present case is a covered matter and can be disposed of, in terms of the order dated 18.03.2024 passed in WP(C) 1543/2024. 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. Page No.# 11/12 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.” 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 Page No.# 12/12 respondents with the certified copy of this order along with the copy of the writ petition, within 7 (seven) days from today. 10. The writ petition is accordingly disposed of. JUDGE Comparing Assistant