Subimal Saha v. The State of Assam and 4 Ors

ORDER

17.12.2024 Heard Mr. A Das, 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').

¶2The 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.

¶3The 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.

¶4Mr. B. Gogoi, learned counsel for the Assam Pharmacy Council submits that Page No.# 6/8 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.

¶5I have heard the learned counsels for the parties.

¶6On 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.

¶7Paragraph 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.

¶8As 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. 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 Page No.# 7/8 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."

¶8On 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.

¶9Till 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 respondents with the certified copy of this order along with the copy of the writ petition, within 10 (ten) days from today.

Page No.# 8/8

¶10The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010174852023 ooooooo 2024:GAU-AS:12804 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4543/2023o SUBIMALoSAHAo PHARMACISToREGD,oNO-8157,o S/O-oLATEoNARAYANoCHANDRAoSAHA,o WARDoNO-5,oP.O-oBARPETAoROAD,oDIST-oBARPETA,oPIN-781315,oASSAM 2:oSANKARoNATH oPHARMACISToREGD oNO-10939 o S/O-oLATEoMAHADEVoNATHo o KALAHABHANGAoWARDoNO-3 oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 3:oSHAYMALoKANTIoSAHA oPHARMACISToREGD oNO-9135 o S/O-oLATEoKURANoCHANDRAoSAHA o KRISHNAoNAGAR oP.O-oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 4:oRAKESHoSAHA oPHARMACISToREGD oNO-10692 o S/O-oAMIYAoBHUSHANoSAHA PageoNo.#o2/8 o oP.O-oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 5:oSUDIPoSAHA oPHARMACISToREGD oNO-9792o S/O-oSUBIMALoSAHA o WARDoNO-5 oP.O-oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 6:oSUBODHoCHANDRAoROY oPHARMACISToREGD oNO-5953 o S/O-oSATISHoCH.oROY oHOWLY o oDIST-oBARPETA oPIN-781316 oASSAM 7:oSUBHASHoCHANDRAoDAS oPHARMACISToREGD oNO-7586 o S/O-oLATEoSASHIoBHUSHANoDASo o BARPETAoTOWN oB.KoROADo(AMOLAPATTY) oDIST-oBARPETA oPIN-781301 oASSAM 8:oMONGALoSAHA oPHARMACISToREGD oNO-10059 o S/O-oLATEoGUPESWARoSAHA o WARDoNO-10 oP.O-oBARPETAoROAD PageoNo.#o3/8 oDIST-oBARPETA oPIN-781315 oASSAM 9:oSWAPANoKUMARoSAHA oPHARMACISToREGD oNO-7726 o S/O-oLATEoSURENDRAoMOHANoSAHA o C/O-oMONOSAoPHARMACYo o P.O-oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 10:oPRADIPoKUMARoSAHA oPHARMACISToREGD oNO-o9953 o S/O-oLATEoNARAYANoCHANDRAoSAHA o WARDoNO-5 oP.O-oBARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 11:oSUBASHoMODAK oPHARMACISToREGD oNO-9346 o S/O-oLATEoMONINDRAoMADAK oSHAMAoPALLYo o BARPETAoROAD oDIST-oBARPETA oPIN-781315 oASSAM 12:oBULUoSAHA oPHARMACISToREGD oNO-9955 o S/O-oLATEoSURENDRAoMOHANoSAHA o BARPETAoROAD Page No.# 4/8 DIST- BARPETA PIN-781315 ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF HEALTH SERVICES OFFICE AT PHARMACY BHAWAN HENGRABARI GUWAHATI- 781036 ASSAM 3:THE ASSAM PHARMACY COUNCIL OFFICE SITUATED IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI-781036 DIST- KAMRUP (M) ASSAM 4:THE EXECUTIVE COMMITTEE ASSAM PHARMACY COUNCIL REP. BY THE PRESIDENT HAVING ITS OFFICE AT DIRECTOR OF HEALTH SERVICES CAMPUS PHARMACY BHAWAN HENGRABARI GUWAHATI-781036 DIST- KAMRUP (M) ASSAM 5:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL PHARMACY BHAWAN HENGRABARI GUWAHATI-781036 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. A DAS, MR. P SENGUPTA,MR. N I KHAN,MR S KHOUND Page No.# 5/8 Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA