Page No.# 1/9 GAHC010184322025 2026:GAU-AS:4146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4835/2025 SOURAV ACHARJEE S/O- DIPAK ACHARJEE, R/O- VILL.- JAGUN BAZAAR, NEAR JAGUN POLICE OUTPOST, P.O. JAGUN, P.S. LEKHAPANI, DIST. TINSUKIA-786188. ……..Petitioner -VERSUS- THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM, DISPUR, GUWAHATI-781006. 2:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL HENGRABARI GUWAHATI-781036. 3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE KHANAPAEA GUWAHATI-781022. 4:THE HILLSIDE COLLEGE OF PHARMACY AND RESEARCH CENTRE REPRESENTED BY THE PRINCIPAL BANGALORE-560109 .............Respondents Advocates: For the petitioner : Mr. N. Borah, Advocate Page No.# 2/9 For the respondents: Mr. B. Gogoi, SC, Health :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE -O R D E R- 23.03.2026 Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Family & Health Department. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to register the petitioner as Pharmacist and to issue registration certificate in terms of the Pharmacy Act, 1948 and the Rules framed there under. 3. Briefly put, the petitioner passed Higher Secondary (Science) Examination with subjects, Physics, Chemistry, Biology and Mathematics. While the petitioner secured requisite aggregate pass marks, he did not secured the minimum pass mark in the Physics theory component, however, he was declared passed the Higher Secondary Examination (Science Stream). 4. The petitioner being eligible applied for admission to the Diploma in Pharmacy Course under Hillside College of Pharmacy and Research Centre, Bangalore, which is affiliated to Rajiv Gandhi University of Health Sciences, Karnataka as approved by the Pharmacy Council of India, All India Council for Technical Education and the Government of Karnataka. 5. The petitioner completed the two years Diploma in Pharmacy Page No.# 3/9 course by clearing the final examination held on 12.07.2024 and thereafter, completed the mandatory three months practical training/internship as prescribed under the Pharmacy Act, 1948 and the Rules framed there under. Having completed the said course of Diploma in Pharmacy and the mandatory practical training/internship submitted an online application for registration as Pharmacist on 27.08.2024 before the Assam Pharmacy Council in the prescribed form along with all requisite documents. 6. The respondent authority on enquiry has informed the petitioner that his application for registration could not be considered on the ground that he had failed in Physics theory in his Higher Secondary Examination, which rendered him ineligible for admission to the Diploma course in Pharmacy and for registration as a Pharmacist. The respondent authority although passed no order rejecting his application for registration, has refused to register the petitioner as Pharmacist on the aforesaid ground. 7. It is the contention of the petitioner that he has successfully completed and passed the Diploma in Pharmacy in terms of the provisions of Pharmacy Act, 1948. Therefore, in terms of the Section 12 of the Pharmacy Act, 1948, he having the qualification approved fulfilled the condition laid down under the Education Regulation and therefore he is entitled to be registered as Pharmacist. The rejection of alleged ground of having failed in Physics theory in Higher Secondary Examination cannot be sustained as the petitioner has completed the Diploma in Pharmacy and the mandatory practical training/internship of Pharmacist. Page No.# 4/9 8. Mr. N. Borah, learned counsel for the petitioner submits that the petitioner has submitted his application for registration as a Pharmacist with all the requisite documents including his Higher Secondary mark-sheet. Under Section 33 of the Pharmacy Act, 1948, it is the duty of the Registrar to enter the name of the petitioner in the register and issue the registration certificate unless there exist any valid legal disqualification.. However, instead of acting in accordance with the law, the respondent authority verbally informed the petitioner that his registration would not be granted on the alleged ground of having failed in Physics theory at the Higher Secondary level, a matter which stood, superseded by the competent authority while granting him admission to the Diploma Course in the year 2018, which cannot now be reopened to defeat the mandate of the Act and Rules thereby depriving the petitioner. 9. Mr. Borah, learned counsel while relying on the judgment of this Court dated 11.06.2025 passed in WP(C) 6394/2024 (Bishnu Priya Rabha and Ors., -vs- The State of Assam & Ors.,) submits that it has been held that any alleged defect or irregularity in the qualifying examination stands impliedly condoned once a candidate has been duly admitted to the Diploma in Pharmacy Course by competent authority after proper verification of the eligibility criteria. The Court further held that refusal of registration in such circumstances, would amount to nullifying and invalidating and otherwise valid diploma issued by recognized institution which is impermissible in law. Therefore, the case of Bishnu Priya Rabha (supra) squarely applies to the present case since the petitioner was admitted to and successfully completed the Diploma in Pharmacy Page No.# 5/9 Course from a recognized institute. Therefore, the respondent authorities cannot deny registration of the petitioner as Pharmacist on the basis of non-existence defect. 10. Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department initially made an attempt to distinguish the present case from the case of Bishnu Priya Rabha (supra), however, fairly submits that the ratio of the said case would apply to the present case. But since the petitioner has obtained the Diploma in Pharmacy from the Institute at Bangalore, the authorities may be given a liberty to ascertain as regards the recognition of the Institute from where the petitioner has obtained the Diploma in Pharmacy and completed the practical training/internship for registration. 11. Considered the submissions advanced by the learned counsel for the parties. 12. In a similarly circumstanced matter, the Coordinate Bench of this Court in the case of Bishnu Priya Rabha (supra) has considered in detail the issue. The relevant paragraphs of the judgment are reproduced herein under:- “20. A perusal of the eligibility criteria as extracted hereinabove, contained in the Educational Notice, dated 12.05.2017, would go to reveal that the candidate desirous for admission into the Diploma in Pharmacy course, must have passed his or her Higher Secondary(10+2) science examination with Physics, Chemistry & Biology, or, Mathematics papers, from a recognized Board/Council/University. 21. It is not disputed that the petitioners, herein, had not pursued their Higher Secondary course under a recognised Board/Council/University. As noticed hereinabove, the petitioners had appeared in the Higher Secondary Final Examination in as many as 6(six) papers including Physics, Chemistry, Biology and Mathematics. The Assam Higher Secondary Education Council, in the mark-sheets issued to the petitioners, herein, had declared them to have passed their respective Higher Secondary final examination. Such certificates were duly noticed by the Page No.# 6/9 authorities of the Srimanta Sankardeva University of Health Sciences, Guwahati, while admitting them for undergoing the selection process including the counselling held in the matter. It is to be noticed that there is further no dispute with regard to the Diploma in Pharmacy course acquired by the petitioners, herein. The said course was admittedly acquired by the petitioners from Institutes of Pharmacy functioning under the control of the Directorate of Medical Education, Assam. Accordingly, it is to be held that the Higher Secondary qualification acquired by the petitioners and the Diploma in Pharmacy qualification so acquired by them, were so acquired from Boards/Institutes recognized by the respondent authorities including the Pharmacy Council of India. 22. The objection raised with regard to the registration of the petitioners as Pharmacists by the Assam Pharmacy Council, in the present proceeding, is to the effect that the Educational Regulations, 1991, of the Pharmacy Council of India, mandates that for admission into the Diploma in Pharmacy, a candidate has to pass the subjects of Physics, Chemistry, Biology, or, Mathematics, individually, in their Higher Secondary examination. It is projected that the petitioners, herein, had not passed in all the subjects mentioned above and accordingly, they were held to be ineligible for having their names registered as Pharmacists with the Assam Pharmacy Council. 23. The said objection raised by the authorities of the Pharmacy Council of India is clearly misplaced and the same is revealed from a communication, dated 09-11-2022, brought on record by the petitioners in the matter and not denied by the respondents in the affidavit filed by them. 25. A perusal of the said communication, dated 09-11-2022, would go to reveal that the Director of Medical Education, Assam, had clarified that the petitioners No. 1 & 2, had passed their Diploma In Pharmacy(Part-II) examination held in the in the month of September 2021. It was further clarified that the Educational Regulations, 1991, of the Pharmacy Council of India, requires a candidate to pass in subjects of Physics, Chemistry and Biology, or, Mathematics, individually, in their Higher Secondary science course. It was clarified that the petitioners No. 1 & 2, having secured above total pass marks in their Chemistry and Physics papers in their respective Higher Secondary examination, they were allowed admission into the Diploma in Pharmacy course. The said communication, dated 09-11-2022, while bringing to the forefront the fact that the petitioners, herein, were eligible for being admitted for undergoing the Diploma in Pharmacy course, it also reveals that the educational qualifications possessed by the petitioners No. 1 & 2 were duly examined by the concerned authorities at the time of their respective admission into the said course. 26. The petitioners having not suppressed any matter while seeking admission into the Diploma in Pharmacy course and the respondent authorities, with open eyes, Page No.# 7/9 having permitted their such induction into the said course after verification of their eligibility criteria; the induction into the diploma course in respect of the Petitioners No. 1 & 2, cannot be permitted to be questioned by any authority including the Assam Pharmacy Council. The materials brought on record would go to reveal that the clarification as set-out by the Director of Medical Education, Assam, in the said communication, dated 09-11-2022, in respect of the petitioners No. 1 & 2, would also squarely apply to the case of the petitioner No. 3, inasmuch as, it is seen that the petitioner No. 3 had also cleared all her papers in the said examination and had secured above total pass marks in the subjects involved including Chemistry and Physics. Further, the petitioner No. 3 was also declared to have passed the Higher Secondary final examination by the Assam Higher Secondary Education Council. 27. In view of the above discussions, it is apparent that the petitioners, herein, were admitted for undergoing their respective Diploma in Pharmacy course after their educational qualifications were duly verified by the concerned authorities and their such admission being effected after satisfaction drawn by the authorities that they were eligible to be admitted into the Diploma in Pharmacy course, and such admission of the petitioners, herein, in the facts and circumstances involved in the present proceedings, cannot be permitted to be questioned by the authorities of the Assam Pharmacy Council. Though there can be no dispute with the proposition that fulfilling the basic eligibility for admission to a course is a sine qua non, which ought not to be overlooked, or, ignored, the peculiar facts of the case on hand would go to reveal that the admission of the petitioners, herein, into their respective Diploma in Pharmacy course, was so done after the competent authorities had verified their educational qualifications and also after drawing satisfaction that they had the requisite eligibility criteria for being so admitted. 28. 28. The petitioners being at no fault and they having pursued their Diploma in Pharmacy course and having successfully completed each and every segment thereof, leading to award of a Diploma in Pharmacy to them; the Assam Pharmacy Council, cannot, deny to the petitioners, herein, registration as Pharmacists upon their successful completion of the Diploma in Pharmacy course and thereby, decimate their labour of all the years involved. Any deficiency existing with regard to the eligibility of the petitioners for being admitted into the Diploma in Pharmacy course, stood condoned by the respondent authorities and the said position is apparent from the communication, dated 09-11-2022, issued by the Director of Medical Education, Assam. Further, the steps taken in the matter by the Assam Pharmacy Council has the effect of rendering an otherwise valid diploma acquired by the petitioners, herein, after pursuing a course from a recognized university, to be invalid; the same is clearly impermissible. 29. Accordingly, this Court is of the considered view that in the peculiar facts and circumstances arising in the present matter; the petitioners, herein, have to be held to be eligible for having their respective names registered as Pharmacists based on the Diploma in Pharmacy course awarded to them by the Srimanta Sankardeva University of Health Sciences, Guwahati. Page No.# 8/9 30. In view of the conclusions drawn hereinabove, the Registrar-cum-Secretary, Assam Pharmacy Council, and/or any other competent authority of the Assam Pharmacy Council, is hereby directed to process the applications submitted by the petitioners, herein, before it, for registration of their names as Pharmacist in the records of the Council. On such processing, it is directed that the names of the petitioners be registered as Pharmacist and the requisite certificates, in this connection, be issued to them. Such registration of the names of the petitioners, herein, be so effected within a period of 15 days from the date of receipt of a certified copy of this order. The petitioners are hereby required to cooperate with the authorities of the Assam Pharmacy Council and to clear any fees as may be prescribed for the purpose.” 13. Perusal of the above judgment shows that similar issue as that of the present case has been elaborately considered by the Coordinate Bench of this Court. In the above case, a similar ground of rejection was that the petitioners in that case had not passed in all the subjects namely, Physics, Chemistry, Biology or Mathematics individually in their Higher Secondary Examination, therefore, they were held to be ineligible for having their names registered as Pharmacist with the Assam Pharmacy Council. In the present case, the ground of rejection of Registrar is also to the effect that the petitioner has failed in Physics subject. The only difference is that the petitioner in the above case obtained the Diploma in Pharmacy from Srimanta Sankaradeva University of Health Sciences, Guwahati and the present petitioner has obtained the Diploma in Pharmacy from Pharmacy Course under Hill side College of Pharmacy and Research Centre, Bangalore. 14. Upon perusal of the judgment in the case of Bishnu Priya Rabha (supra) and as agreed to by the learned counsel for the parties, I am of the considered view that no other view can be taken as the judgment and order in Bishnu Priya Rabha (supra) would Page No.# 9/9 squarely cover and applies to the case of the present petitioner. Thus, the petitioner is entitled to be provided with similar relief. 15. Accordingly, the Registrar-cum-Secretary, Assam Pharmacy Council, and/or any other competent authority of the Assam Pharmacy Council, is hereby directed to process the application submitted by the petitioner for registration of his name as Pharmacist. On such processing, it is directed that the name of the petitioner be registered as Pharmacist and the requisite certificates be issued to him. The exercise directed to be taken herein above be completed within a period of 25 days from the date of receipt of a certified copy of this order. 16. Writ petition stands disposed of, accordingly. JUDGE Comparing Assistant