Dinesh Talukdar and 16 Ors v. The Assam Pharmacy Council and 5 Ors

ORDER

18.03.2024

¶1Heard Mr. S. Sarma, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, Health Department.

¶2This court, vide 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 petitioners, as regards validity of their Pharmacist licenses in terms of the Section 36 of the Pharmacy Act, 1948 (hereinafter referred to as the Act, 1948). It was also observed that while taking a decision in exercise of the power under Section 36 of the Act, the Executive Committee was to have strict regard to certain findings in the aforesaid order. 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 orders, which are under challenge in this writ proceeding. The registration numbers of the petitioners Pharmacist lincences were cancelled in reference to Executive Committee Resolution (6) dated 17.08.2022 and confirmation by the State Council under Section 36(3) of the Act, 1948.

¶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 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, vide its order dated 24.11.2023, disposed of the appeal directing Page No.# 8/10 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, the petitioners have taken a plea that they have not been furnished with the Executive Committee resolution (6) dated 17.08.2022 and confirmation by the State Council under Section 36(3) of the Pharmacy Act, 1948. As such, the petitioners have not been able to prefer an appeal in terms of Section 36 of the Pharmacy Act, 1948.

¶5The petitioners' counsel submits that due to there being a limitation period of 30 days, for filing an appeal to the State government against the Executive Committee Resolution and the confirmation by the State Council, the delay in filing the appeal should be condoned by the appellate authority.

¶6The Division Bench of this Court in its order dated 24.11.2023 passed in W.A. No.431/2023 disposed of the appeal as follows- "3. After hearing the learned counsel for the parties, instead of keeping this writ appeal pending, this appeal is accordingly disposed of directing the appellants 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 the State Council under Section 36 (3) of the Pharmacy Act, 1948 on 20.01.2023. On receipt of the same, the appellants 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.

¶4Till the copies of the Resolution of the Executive Committee and the Page No.# 9/10 confirmation by the State Council is furnished to the appellants, the impugned orders of cancellation shall remain suspended.

¶5With the aforesaid directions, this writ appeal is disposed of."

¶7Accordingly, 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 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 Page No.# 10/10 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.

JUDGE Comparing Assistant

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