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IN THE HIGH COURT AT CALCUTTA

(Constitutional Writ Jurisdiction)

APPELLATE SIDE

Present:

The Hon’ble Justice Krishna Rao

W.P.A. No. 17878 of 2025

With

CAN 1 of 2025

With

CAN 2 of 2025

With

CAN 3 of 2026

Debasish Bhattacharjee

Vs.

The State of West Bengal & Ors.

Mr. Anindya Lahiri, Sr. Adv.

Mr. Samrat Dey Paul

Mr. Subhomoy Paul

....For the petitioner.

Mr. Amal Kr. Sen, Ld. A.A.G.

Mr. Lal Mohan Basu

…. For the State.

Mr. Joydip Kar, Sr. Adv.

Mr. Parasar Baidya

2

Mr. Soham Banerjee

…. For W.B.P.C.

Mr. Swati Agarwal

Mr. A Mandal

…. For the applicant in CAN 1 of 2025.

Mr. Arindam Samanta

…. For the applicant in CAN 2 of 2025.

Mr. Atindra Chowdhury

…For the applicant in CAN 3 of 2026.

Hearing Concluded On : 12.02.2026

Judgment on : 11.03.2026

Krishna Rao, J.:

1. The petitioner has filed the present writ petition challenging the

Notification dated 28th July, 2025 and prayed for a direction upon the

respondent no.2 to reinstate the petitioner in his post in the West

Bengal Pharmacy Council as per Notification dated 22nd February,

2021.

2. The petitioner had been nominated by the Government on 5th October,

2012. On 18th June, 2018, the petitioner was again nominated, which

was followed by the order dated 22nd February, 2021, nominating the

petitioner amongst others is for five years.

3. During the tenure one of the member, namely, Dr. Rabindra Debnath

passed away on 10th January, 2023. In place of Dr. Rabindra Debnath,

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Dr. Avick Dey was nominated as member. By a Notification dated 3rd

October, 2023, the name of Dr. Avick Dey was withdrawn as a result

the vacancy of one nominated member continued.

4. By a notification dated 28th July, 2025, the Secretary has reconstituted

the Council in its entirety by nominating new members under Section

19(b) of the Pharmacy Act, 1948.

5. Mr. Anindya Lahiri, Learned Senior Advocate representing the

petitioner submits that the Director of Health Service have been

nominated in place and instead of an elected member of the Medical

Council under Section 19(c) of the Act. He submits that the Director of

Health Service may be construed as a member of the Council under

Section 19(d) but he cannot named as member of the Council under

Section 19(c). He submits that the Notification starts with the word “on

expiry of the term of the West Bengal State Pharmacy Council” though

the term of the Council is valid till February, 2026.

6. Mr. Lahiri submits that the members elected from amongst the

registered pharmacists, were due from 2023 but was held in 2024. The

names of such six (6) elected members under Section 19(a) were

communicated on 28th July, 2025. He submits that the respondent

authorities have issued the notification dated 28th July, 2025 in

violation of the provisions of the Pharmacy Act, 1948.

7. Mr. Lahiri in support of his case, has relied upon the unreported

judgment of Tripura High Court in the case of Nilimanka Das Vs. The

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State of Tripura & Ors. passed in WP (C) No. 654 of 2022 and

submits that the Triupra High Court held that on conjoint reading of

Sub-Sections (1), (2), (3), (4) of Section 7 of the Act of 1948, it manifests

that the term of nominated member shall not be less than 5 (five) years

and it may be extended beyond the period of five years till the new

member is not nominated or elected.

8. Mr. Amal Kumar Sen, Learned A.A.G. representing the State submits

that the petitioner is one of the nominated member of the Council

under Section 19(b) of the Pharmacy Act, 1948. He submits that the

General Election of the Council was pending since long due to various

reasons and ultimately it was held in the year 2024 and the result was

declared on 4th February, 2025 and was notified on 28th July, 2025.

9. Mr. Sen submits that the new members have been elected to take

charge of the Council by way of an election and the newly nominated

members and elected members are required to take charge of the

Council for smooth functioning of the Council. He submits that the

petitioner is a nominated member in respect of only one post and there

is no dis