Gauhati High Court
WP(C)/2097/2026 of SANKAR PAUL CHOUDHURY AND 19 ORS. Vs THE STATE OF ASSAM AND 4 ORS. on 3 May 2026
GAHC010076422026 2026:GAU-AS:6029 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2097/2026 SANKAR PAUL CHOUDHURY AND 19 ORS. PHARMACIST REGD. NO. 9804 AGED ABOUT 65 YEARS SON OF LT. NIHIR CH. PAUL CHOUDHURY, RESIDENT OF SONAI ROAD,
GAHC010076422026
2026:GAU-AS:6029
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2097/2026
SANKAR PAUL CHOUDHURY AND 19 ORS.
PHARMACIST REGD. NO. 9804 AGED ABOUT 65 YEARS SON OF LT. NIHIR
CH. PAUL CHOUDHURY, RESIDENT OF SONAI ROAD, RANGIRKHARI, P.O. - SILCHAR, DISTRICT - CACHAR, PIN - 788005, ASSAM
2: MUKUL PAUL
PHARMACIST REGD. NO. 8383 AGED ABOUT 61 YEARS SON OF LATE
MATHINDRA CH. PAUL
RESIDENT OF PURNA PAUL ROAD
BIPAR
SILCHAR
DISTRICT - CACHAR
PIN -788001
ASSAM.
3: AMAL KR SEN
PHARMACIST REGD. NO. 9912 AGED ABOUT 69 YEARS SON OF LATE
ABINASH CH. SEN
RESIDENT OF LINK ROAD
LANE NO. 07
P.O.- SILCHAR
DIST.- CACHAR
PIN - 788001
ASSAM.
4: SAMIR PAUL CHOUDHURY
PHARMACIST REGD. NO. 9483 AGED ABOUT 67 SON OF LT. NIHIR CH.
PAUL CHOUDHURY
RESIDENT OF RANGIRKHAR
SONAI ROAD
P.O.- SILCHAR
DIST.- CACHAR
PIN - 788005
ASSAM.
5: BHASKAR PAUL CHOUDHURY
PHARMACIST REGD. NO. 9803 AGED ABOUT 57 YEARS SON OF LT. NIHIR
CH. PAUL CHOUDHURY
RESIDENT OF SONAI ROAD
RANGIRKHARI
SILCHAR
DIST. - CACHAR
PIN -788005
ASSAM.
6: JISHU BHOWAL
PHARMACIST REGD. NO. 11461 AGED ABOUT 58 YEARS SON OF LATE
SATYENDRA NATH BHOWAL
RESIDENT OF SADARGHAT ROAD
P.O.- SILCHAR
DIST. - CACHAR
PIN - 788001
ASSAM.
7: MD ISLAM UDDIN MAZUMDER
PHARMACIST REGD. NO. 9931 AGED ABOUT 64 YEARS SON OF MD.
NAZRUL HAQUE MAZUMDER
RESIDENT OF VILL. AND P.O. SONABARI GHAT
DIST. - CACHAR
PIN - 788013
ASSAM.
8: BISHU CHAKRABORTY
PHARMACIST REGD. NO. 10270 SON OF LATE MAKHANLAL
CHAKRABORTY
AGED ABOUT 59 YEARS RESIDENT OF VILL - SRIPUR
P. PATHARKANDI
DIST. - KARIMGANJ
PIN - 788724
ASSAM.
9: DEBASISH CHAKRABORTY
PHARMACIST REGD. NO. 10675 AGED ABOUT 50 YEARS SON OF LATE
GOPAL CHAKRABORTY
RESIDENT OF VILL - SRIPUR
P. PATHARKANDI
DIST. - KARIMGANJ
PIN -788724
ASSAM.
10: RAJAT KANTI PAUL
SON OF LATE RAKESH RANJAN PAUL
AGED ABOUT 63 YEARS RESIDENT OF H. NO. 64
WARD NO. 4
MAIN ROAD
ITKHOLA
P.O. - SILCHAR
DIST. CACHAR
PIN - 788001
ASSAM.
11: SUKANTA DEY
PHARMACIST REGD. NO. - 7805 AGED ABOUT 72 YEARS SON OF LATE
SUBODH CHANDRA DEY
RESIDENT OF P.O. AND VILL - FULERTAL
DIST - CACHAR
PIN - 788106
ASSAM.
12: BHANU PAUL
PHARMACIST REGD. NO. - 8614 AGED ABOUT 55 YEARS SON OF LATE
INDRA MOHAN PAUL
RESIDENT OF VILL - SADAGRAM
P. - DHOLAI BAZAR
DIST. - CACHAR
PIN -788114
ASSAM.
13: DHRUBA DEY
PHARMACIST REGD. NO. 8975 AGED ABOUT 71 YEARS SON OF LATE
DHIRENDRA KR. DEY
RESIDENT OF VILL AND P.O. - PAILPOOL
DIST.- CACHAR
PIN - 788098
ASSAM.
14: TAPAN KANTI BHATTACHARJEE
PHARMACIST REGD. NO. 8974 AGED ABOUT 57 YEARS SON OF LATE
MANIK CH. BHATTACHARJEE
RESIDENT OF VILL. AND P.O. DASGRAM
DIST. - KARIMGANJ
PIN - 788722
ASSAM.
15: SUDHANGSHU DUTTA
PHARMACIST REGD. NO. 9167 AGED ABOUT 67 YEARS SON OF LATE
BIRESH CH. DUTTA
RESIDENT OF SUBASH NAGAR
JOY HIND LANE
P.O.- SILCHAR
DIST.- CACHAR
PIN -788004
ASSAM.
16: MRINAL KANTI DAS
PHARMACIST REGD. NO. 9075 AGED ABOUT 59 YEARS SON OF LATE
MANMATH NATH DAS
RESIDENT OF LAKHIPUR TOWN
WARD NO. 8
DIST - CACHAR
PIN - 788103
ASSAM.
17: KHAIRUL AMIN LASKAR
PHARMACIST REGD. NO. 8163 AGED ABOUT 61 YEARS SON OF LATE
GULZAR UDDIN LASKAR
RESIDENT OF VILL AND P.O. - BHAGA BAZAR
DIST. - CACHAR
PIN - 788120
ASSAM.
18: DEBASHIS CHAKRABORTY
PHARMACIST REGD. NO. 10626 AGED ABOUT 52 YEARS SON OF LATE
DWIJENDRA CHAKRABORTY
RESIDENT OF VILL.- PATHARKANDI
DIST. - KARIMGANJ
PIN - 788710
ASSAM.
19: ABIDUR RAHAMAN MAZUMDER
PHARMACIST REGD. NO. 11700 AGED ABOUT 44 YEARS SON OF LATE
ASHAD UDDIN MAZUMDER
RESIDENT OF VILL. AND P.O. SONABARIGHAT
DIST. - CACHAR
PIN -788013
ASSAM.
20: SHYAMAL CHANDRA PAUL
PHARMACIST REGD. NO. 9007 AGED ABOUT 58 YEARS SON OF LATE
UMESH CH. PAUL
RESIDENT OF JOYPUR NUTUN BAZAR
P.O.- JOYPUR RAZABAR
DIST. - CACHAR
PIN - 788107
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY ITS COMMISSIONER AND SECRETARY, DEPARTMENT
OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI - 781006, ASSAM.
2:THE DIRECTOR OF HEALTH SERVICES
ASSAM. OFFICE AT PHARMACY BHAWAN
HENGRABARI
GUWAHATI - 781036
KAMRUP M
ASSAM
3:THE ASSAM PHARMACY COUNCIL
REPRESENTED BY THE REGISTRAR CUM SECRETARY SITUATED IN THE
OFFICE OF THE DIRECTOR OF HEALTH SERVICES CAMPUS
PHARMACY BHAWAN
HENGRABARI
GUWAHATI - 781036
ASSAM.
4:THE EXECUTIVE COMMITTEE
ASSAM PHARMACY COUNCIL REPRESENTED BY THE PRESIDENT
HAVING ITS OFFICE AT THE DIRECTOR OF HEALTH SERVICES CAMPUS
PHARMACY BHAWAN
HENGRABARI
GUWAHATI 781036
KAMRUPM
ASSAM.
5:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL
PHARMACY BHAWAN
HENGRABARI
GUWAHATI 781036
KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. A DAS, MS. D SARMAH,MR. P SENGUPTA,MR S KHOUND
Advocate for the Respondent : SC, HEALTH,
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 04.05.2026
Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General for all the respondents.
2. Having considered the issue involved in this writ petition and as agreed to by learned counsel for the parties, same is heard and disposed of at the motion stage itself.
3. The petitioners, 20 (twenty) in numbers, claim to be the Pharmacists, got their names registered in various State Councils/Tribunals constituted under the provisions of Pharmacy Act, 1948 and were subsequently transferred to the Assam Pharmacy Council under the provisions of the Pharmacy Act, 1948. Being aggrieved by deletion of their names from the register of Pharmacist, the petitioners submitted representations before the competent authority. However, by the impugned cancellation notices dated 04.05.2023, 05.05.2023, 29.05.2023, 01.06.2023, 02.06.2023 and 09.06.2023, the registration of the petitioners have been permanently cancelled under Section 36(I)(i) of the Pharmacy Act, 1948 and their names were removed from the Register of the Assam Pharmacy Council as they have failed to submit any relevant documents justifying their qualification to substantiate their eligibility to register as Pharmacist. The said cancellation notices were based on the Executive Committee Resolution (6) dated 17.08.2022 and its confirmation by the State
Council dated 20.01.2023.
4. It is the contention of the petitioners that the impugned cancellation notices have not been furnished to them and therefore, they could not file any appeal under the provisions of the Pharmacy Act, 1948. The petitioners came to know about such cancellation only in the month of February, 2026. Hence, this writ petition has been filed.
5. It is the further case of the petitioners that the case of the petitioners is squarely covered by the order dated 18.03.2024, passed by the Co-ordinate Bench of this Court in WP(C) No. 1543/2024, and therefore, similar relief may be granted to the petitioners.
6. Mr. B. Gogoi, learned Additional Advocate General, fairly submits that the case of the present petitioners would be covered by the aforesaid order dated 18.03.2024, passed in WP(C) No. 1543/2024, and other writ petitioners and therefore, the petitioners may be entitled to be granted similar relief.
7. Having considered the submissions made by the learned counsel for the parties and perusal of the order dated 18.03.2024, passed in WP(C) No. 1543/2024, I am of the considered view that the aforesaid order would cover the case of the present petitioners and thus, the present petitioners are entitled to be granted the similar relief, as the impugned cancellation notices dated 04.05.2023, 05.05.2023, 29.05.2023, 01.06.2023, 02.06.2023 and 09.06.2023 have not been communicated to the petitioners in time.
8. The relevant paragraphs of the order dated 18.03.2024, passed in WP(C) No. 1543/2024, are reproduced hereinbelow:
“6. The 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.
4. Till the copies of the Resolution of the Executive Committee and the confirmation by the State Council is furnished to the appellants, the impugned orders of cancellation shall remain suspended.
5. With the aforesaid directions, this writ appeal is disposed of.”
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.
8. As 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 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.”
9. After the disposal of the aforesaid writ petition, other connected writ petitions were also disposed of by this Court by providing similar relief.
10. In view of above, this writ petition is disposed of by providing similar relief to the present petitioners. Accordingly, it is provided that the respondent No. 3 shall provide a copy of 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 within a period of 2 (two) weeks. On receipt of the copies of the resolution 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. Till the Resolution of the Executive Committee and confirmation by the State Council is provided to the petitioners, the impugned orders of cancellation of licences of the petitioners shall remain suspended subject to the condition that the petitioners should approach the respondent No. 3 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.
11. Writ petition stands disposed of. JUDGE Comparing Assistant