Page No.# 1/5 GAHC010152852023 2025:GAU-AS:1162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3999/2023 GAUTAM DUTTA AND 11 ORS (PHARMACIST REGISTRATION NO. 8387, 32 (B)), S/O LT. BALARAM DUTTA CHRISTIAN PATTY, DIST- NAGAON, PIN-782001, ASSAM 2: DILIP ROY BHOWMIK (PHARMACIST REGISTRATION NO. 7930 32 (B)) S/O LT. JAGADISH ROY BHOWMIK VILL- HOJAI P.O.-HOJAI DIST- NAGAON PIN-782435 ASSAM 3: JIBAN CHANDRA GHOSE (PHARMACIST REGISTRATION NO. 9088 32 (B)) S/O LT. KARTIK CH. GHOSE VILL- KACHUA KAMPUR P.O. KACHUA AND DIST- NAGAON PIN-782426 ASSAM 4: SAMBHU BOSE (PHARMACIST REGISTRATION NO. 11142 32 (B)) S/O NIRANJAN KUMAR BOSE CHAPARMUKH TOWN P.O.-CHAPARMUKH DIST- NAGAON PIN-782425 ASSAM Page No.# 2/5 5: JIBAN BANIK (PHARMACIST REGISTRATION NO. 8665 32 (B)) C/O LT SATYA CHARAN BANIK R.K. ROAD I TACHALI DIST- NAGAON PIN-782001 ASSAM 6: BISWAJIT SARKAR (PHARMACIST REGISTRATION NO. 8374 32 (B)) S/O PRANESH CH. SARKAR EX POLICE LINE P.O.-TEZPUR DIST- SONITPUR PIN-784001 ASSAM 7: SUJIT KUMAR ROY (PHARMACIST REGISTRATION NO. 8914 32 (B)) S/O SWARNA KAMAL ROY R/O DHEKIAJULI P.O.-DHEKIAJULI DIST- SONITPUR PIN-784110 ASSAM 8: DEBANANDA TAMULI (PHARMACIST REGISTRATION NO. 8915 32 (B)) C/O LT. SARAT CH. TAMULI VILL- KETEKIBARI DIST- SONITPUR PIN- 784001 ASSAM 9: ARVIND KUMAR SINGH (PHARMACIST REGISTRATION NO. 7634 32 (B)) S/O LT. RAM BRIKSHA SINGH BIRKUCHI NARENGI DIST- KAMRUP (M) PIN-781026 Page No.# 3/5 ASSAM 10: SATYABRATA ADHIKARI (PHARMACIST REGISTRATION NO. 5388 32 (B)) S/O LT. AMULYA BHUSAN ADHIKARI VILL-CHUNGAPOTA P.O.-NEW BONGAIGAON DIST- BONGAIGAON PIN-783381 ASSAM 11: HITESH KUMAR DUTTA (PHARMACIST REGISTRATION NO. 9541 32 (B)) S/O LT. SATRUGHAN DUTTA VILL- B.G. COLONY P.O.-NEW BONGAIGAON DIST- BONGAIGAON PIN-783381 ASSAM 12: DILIP SAHA (PHARMACIST REGISTRATION NO. 10123 32 (B)) S/O DWIJENDRA LAL SAHA C/O SAHA MEDICAL HALL P.O.-SIMLAGURI DIST- BONGAIGAON PIN-783380 ASSAM 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, DIST- 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 Page No.# 4/5 GUWAHATI-781036 DIST-KAMRUP (M) ASSAM 3:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL HENGRABARI PHARMACY BHAWAN GUWAHATI-781036 DIST-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 DIST- KAMRUP (M) ASSAM Advocate for the Petitioner : MR. S SARMA, MR D DAS,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : SC, HEALTH AND F W, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 05.02.2025 Heard Mr. S. Sarma, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, Health Department and the Assam Pharmacy Council, for all the respondents. Page No.# 5/5 2. The petitioners before this Court were earlier issued pharmacy Licenses. However by cancellation Notices dated 05.05.2023, 15.05.2023, 29.04.2023, 05.05.2023, 04.05.2023, 04.05.2023, 29.04.2023, 04.05.2023, 29.04.2023, 15.05.2023, 15.05.2023 and 05.05.2023 issued by the Registrar-cum-Secretary, Assam Pharmacy Council, Guwahati, the petitioners were informed about the cancellation of their registration as Pharmacist. Being aggrieved, the petitioners are before this Court by way of the present writ petition. 3. After hearing learned counsel for the parties, this writ petition is disposed of directing the petitioners 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 State Council under Section 36(3) of the Pharmacy Act, 1948 on 20.01.2023. 4. On receipt of the same, the petitioners 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. 5. Till the copies of the Resolution of the Executive Committee and the confirmation of the State Council are furnished to the petitioners, the Impugned Orders of cancellation shall remain suspended. 6. With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant