IMPORTANT POINT
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, despite the bifurcation of the Health Department.

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 writ petition, the said Section 3 of the Act of 1948 is very pertinent.

4. A reading of Section 3 shows as to how the Central Council would be constituted and what would be its composition. For the purpose of the instant dispute, Section 3(h) is relevant inasmuch as one member is to be nominated by the State Government of each State who has to be aregistered pharmacist. There is no quarrel with the facts that both the Petitioner and the private Respondent are registered pharmacist. In the backdrop of the above, let this Court take note of the facts of the instant case.

5. One Smti. Sukriti Das was a member of the Pharmacy Council of India who was representing the State of Assam. Her term was to end in the month of August, 2023. The Petitioner being interested to be nominated as a Member of the Central Council submitted an application on 03.05.2023 before the Respondent No.5 for consideration and recommendation of his candidature for being the member of Pharmacy Council of India as a nominee of the State of Assam. While the said application was pending, the Pharmacy Council of India had also intimated the State of Assam that the term of the member namely Smti. Sukriti Das was to expire on 08.08.2023 and sought the nomination from the Government of Assam.

6. Pursuant thereto, on 12.07.2023, the Joint Secretary to the Government of Assam, Medical Education and Research Department submitted the names of three applicants which included the name of the Petitioner. Thereafter, a Screening Committee of five members was constituted by the Director of Medical Education to verify the eligibility of the faculty members for membership nomination to the Pharmacy Council of India for the State Government. The Screening Committee in its meeting held on 01.08.2023 after considering all the faculty members (candidates) recommended the name of the Petitioner to be nominated as a member to the Pharmacy Council of India from the Government of Assam. The Director of Medical Education, Assam thereupon vide a communication dated 02.08.2023 forwarded the recommendation of the Petitioner as a member of the Pharmacy Council of India to the Joint Secretary to the Government of Assam, Medical Education and Research Department.

7. Subsequent thereto, vide another communication dated 08.08.2023, the Respondent No.3 who is the Joint Secretary of the Medical Education and Research Department informed the Respondent No.7 that the Government of Assam in the Medical Education and Research Department has nominated the Petitioner as a State Government nominee to the Central Council of the Pharmacy Council of India under Section 3(h) of the Act of 1948. However, it has been stated in the writ petition that to the utter shock and surprise of the Petitioner, the Joint Secretary to the Health a