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DEVASHIS BARUAH
Bichitra Kumar Doley, S/O- Late Padmeshwar Doley – Appellant
Versus
State Of Assam And Through The Principal Secretary To The Government Of Assam Health And Family Welfare Department – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Heard Mr. B. D. Das, the learned Senior counsel assisted by Mr. B. Das, the learned counsel appearing on behalf of the Petitioner. I have also heard Mr. D. P. Borah, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2, 3, 4 & 5 and Mr. G. Rahul, the learned counsel appearing on behalf of the Respondent No.6.
2. The dispute in the instant proceedings arises as to which of the Departments i.e. Health and Family Welfare Department or the Medical Education and Research Department which are under the Health Department of the Government of Assam has a right to nominate a member to the Pharmacy Council of India under Section 3(h) of the Pharmacy Act, 1948.
3. For deciding the said issue, this Court finds it relevant to take note of the Pharmacy Act, 1948 (for short “the Act of 1948”). The Preamble to the said Act stipulates that the said Act was enacted to regulate the profession and practice of Pharmacy and for that purpose to constitute Pharmacy Councils. Section 2(c) defines the term “Central Council” to mean the Pharmacy Council of India constituted under Section 3 of the Act of 1948. For the purpose of the instant
The court established that the Health and Family Welfare Department retains the authority to nominate members to the Pharmacy Council of India, as per the provisions of the Pharmacy Act, 1948, despit....
A registration authority cannot deny eligibility when the candidates have previously been accepted based on verified qualifications, as per regulations.
When a statute describes or requires a thing to be done in a particular manner, it should be done in that manner or not at all.
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