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2024 Supreme(Gau) 1110

LANUSUNGKUM JAMIR
Education Research and Development Foundation (ERDF) – Appellant
Versus
State of Assam Represented by the Commissioner and Secretary to the Govt. of Assam, Health and Family Welfare Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.D. Das, Sr. Advocate, Mr. M.J. Quadir, Advocate.
For the Respondent: Mr. D.P. Borah, SC, Health Department

JUDGMENT :

Lanusungkum Jamir, J.

The petitioner No.1, namely, Education Research and Development Foundation is a registered Trust having its office at Guwahati and also operating Allama TR College of Pharmacy, Badarpur, in the district of Karimganj. The petitioner No.2 is the founder Trustee and is representing the petitioner No.1 in the present writ petition.

2. Under the Rules and Regulations to establish a Pharmacy College, amongst others, there is a requirement of issuance of a No Objection Certificate (in short, NOC) to be obtained from the Government of Assam, Medical Education and Research Department. The petitioners’ College was earlier granted NOC by a Communication, dated 03.06.2022, issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department for starting of Degree/Diploma in Pharmacy Course for the Session 2020-2021 and 2021-2022 subject to the condition that no further admission for the Session 2022-2023 and thereafter shall be made by the Institute without further Government permission. One of the conditions of the NOC was that the Institute shall fulfill all the requirements with regard to physical infrastructure, clinic

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