Suchitra Goswami and 23 Ors v. The Assam Pharmacy Council and 5 Ors

O R D E R

23.02.2024 Heard Mr. S Sarma, learned counsel for the petitioners. Also heard Mr. G Gogoi, learned standing counsel for the Health Department.

¶2This 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 licenses in terms of the Section 36 of the Pharmacy Act, 1948. It was also observed that while taking decision in exercise of power under Section 36 of the Act, the Executive Committee is to have strict regard to the certain findings in the aforesaid judgment. Subsequently, in exercise of power under Section 36 of the Act, 1948, the licenses of the petitioners were cancelled and the names of the petitioners were deleted from the roll of Pharmacy Council by the orders, which are under challenge in this writ proceeding.

¶3Some similarly situated persons also approached this court by filing WP(C) 5335/2023. However, the Co-ordinate Bench did not pass any interim order Page No.# 9/10 staying such orders passed under Section 36 of the Act, 1948 by the Executive Committee of the Pharmacy Council. 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 within a period of two weeks from passing of the said order in terms of Section 36(4) of the Act, 1948 i.e. to prefer an appeal.

¶4In this case, a specific statement has been made that no copy of the order of confirmation passed by the Executive Committee of the Council in exercise of its power under Section 36(3) of the Act has been served upon the petitioner 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.

¶5The impugned order(s) 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.

¶6That 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 Council.

¶7As 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 Page No.# 10/10 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 copies 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 shall remain suspended. V. Accordingly, this writ petition stands disposed of.

¶8While 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 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. JUDGE Comparing Assistant

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