GAHC010030682025

2025:GAU-AS:5933 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/48/2025 EDUCATION RESEARCH AND DEVELOPMENT FOUNDATION A REGISTERED TRUST HAVING ITS OFFICE AT ERDF BHAWAN, LALMATI ROAD, BHETAPARA, GUWAHATI 781028. REPRESENTED BY ITS FOUNDER TRUSTEE AZMOL HUSSAIN BARBHUIYA, 2: AZMOL HUSSAIN BARBHUIYA S/O SIDDEQUE ALI BARBHUIYA RESIDENT OF FLOWER LANE NEAR LITTLE FLOWER SCHOOL HATIGAON GUWAHATI 38 KAMRUP M ASSA VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, MEDICAL EDUCATION AND RESEARCH DEPARTMENT, DISPUR GUWAHATI 06

2:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIX MILE KHANAPARA GUWAHATI 22

3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI 06

4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI 06

5:SRIMANTA SANKARADEVA UNIVERSITY OF HEALTH SCIENCES NARAKASUR HILLTOP BHANGAGARH GUWAHATI 781032. REPRESENTED BY ITS REGISTRAR

6:THE PHARMACY COUNCIL OF INDIA NBCC CENTRE

3RD FLOOR PLOT NO. 2 COMMUNITY CENTRE MAA ANANDAMAI OKHLA PHASEI I NEW DELHI 1100020.

7:THE JOINT SECRETARY HIGHER EDUCATION DEPARTMENT DISPUR GUWAHAT BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MRS. JUSTICE MALASRI NANDI For the appellants : Mr. V. Hansaria, Senior Advocate.

: Mr. M.K. Choudhury, Senior Advocate.

: Mr. M.J. Quadir, Advocate.

For the State respondents : Mr. D. Saikia, Advocate General.

: Mr. D.P. Borah, Standing Counsel.

Date of hearing : 28.03.2025, 22.04.2025.

Date of judgment : 14.05.2025.

JUDGMENT AND ORDER (CAV

Heard Mr. Vijay Hansaria and Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. M.J. Quadir, learned counsel for the appellants as well as Mr. D. Saikia, learned Advocate General, assisted by Mr. D.P. Borah, learned standing counsel for the Health Department, representing respondent nos. 1 to

5 and 7.

2) By this Intra-Court appeal, the appellants, who were the (i) writ petitioners in W.P.(C) No. 7132/2022; and (ii) respondent nos. 1 and 2 in Review Petition 208/2024, have assailed the order dated 06.02.2025, passed by the learned Single Judge in Review Pet. 208/2024, by which the said review petition filed by the respondent nos. 1 and 2 was allowed.

Case of the appellants, in brief, in the writ petition and affidavits- in- reply:

3) The appellant no.1 (i.e. petitioner no.1 in the writ petition) is a registered Trust, having its office in Guwahati. The appellant no. 2 is the founder trustee of appellant no. 1, who is representing the appellant no.1.

4) In brief, the case of the appellants in the W.P.(C) 388/2024 was that the appellants had set up “Allama T.R. College of Pharmacy” at Badarpur in the district of Karimganj (now District Sribhumi) in the year 2019.

5) Upon an application made, the Pharmacy Council of India had granted approval to conduct First Year Diploma in Pharmacy (D. Pharm. for short) and Bachelor in Pharmacy (B. Pharm. for short) for academic session 2021 for 60 seats each. Then, vide letter dated 17.08.2020, the Srimanta Sankardeva University of Health Sciences, Guwahati (SSUHS for short) granted temporary affiliation to the said Allama T.R. College of Pharmacy, Badarpur for D. Pharm. and B. Pharm. course fo