GAHC010245562025 2025:GAU-AS:16652

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6374/2025

BADSHA ALI

S/O- SORAF ALI, VILL.-BANDIA, P.O. AND P.S.-MANGALDAI, DIST.-

DARRANG, ASSAM, PIN-784125.

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF

ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,

GUWAHATI 06

2:THE DIRECTOR OF HEALTH SERVICES

ASSAM

HENGRABARI

GUWAHATI-781036 3:THE PRESIDENT

ASSAM PHARMACY COUNCIL

ASSAM

HENGRABARI

GUWAHATI-781036 4:THE REGISTRAR

ASSAM PHARMACY COUNCIL

ASSAM

HENGERABARI

GUWAHATI-78103

Advocate for the petitioner(s): Mr. K Rahman

Advocate for the respondent(s): Mr. B Gogoi, Addl. AG, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

03.12.2025 The petitioner has approached this Court being aggrieved by the non-

consideration of his Pharmacy License which he had submitted on 11.06.2024 vide application No.APC/F/2024/9426 in pursuance to the notice issued by this Court on 12.11.2025.

2. Mr. B Gogoi, the learned Addl. AG, Assam appearing on behalf of the respondents has placed before this Court a set of instruction(s) issued by the Registrar (i/c), Assam Pharmacy Council, Hengrabari, Guwahati, which are kept on record and collectively marked with the letter ‘X’.

3. At paragraph 4 of the said instruction/para-wise comments so provided, reasons have been given as to why the petitioner’s application has not yet been considered. Taking into account its relevance, paragraph 4 of the said para-wise comments is reproduced hereinunder:

“4. After looking at the file of Badsha Ali, the verification member of the committee found that he passed H.S. from AHSEC Science stream in 2008 but failed in Theory of Chemistry subject. Later again in 2019 after 11 years he passed H.S. exam with Chemistry under improvement scheme mention in Marksheet from State Open School (ASOS). Then in 2021 he took admission in pharmacy course at CMJ university, Meghalaya. He has two Marksheet of passing H.S. Exam i. 2008 from AHSEC, ii. 2019 from ASOS. So, he should tell us by which certificate or marksheet he took admission and give such documents. This is not mention in the Affidavit he submitted. So, he has to give a new Affidavit containing details from HSLC exam to diploma in Pharmacy course.

Specially we need to know if he took admission in H.S. Exam of ASOS, TOC or part admission scheme or sat the exam. He has already been asked to provide any supporting documents in this regard like admission receipt, details of the course (TOC or part Admission) only after getting these documents we reach the last part.

On 10-06-2025 the member of verification committee asked him to submit the Govt order copy of Practical training in his file as soon as possible. He has not yet cooperated in this matter.

The pharmacy registration preview (PRP) documents submitted in his file was incorrect. Which does not have mobile number for contacting necessary jobs and the mobile no given in the PRP is showing invalid. So, I could not contact him. He does not mention that he passed H.S exam from ASOS in 2019 within education qualification section of PRP. He was informed of this verbally. So, he has to submit a correct PRP.

I want to inform his case to the upcoming APC because only the Council can take final decision on this matter. I will inform the Registrar/APC after the documents are prepared.”

4. It is the opinion of this Court that the petitioner should be given an opportunity to explain to the Registrar (i/c), Assam Pharmacy Council, Hengrabari, Guwahati, who is the respondent No.4 to the present proceedings in respect to the queries made in paragraph 4 of the para-wise comment as quoted hereinabove.

5. This Court enquired with Mr. B Gogoi, the learned Addl. AG, Assam as to when the petitioner can approach the respondent No.4. Mr. Gogoi submitted that the petitioner can well very approach the respondent No.4 on 11.12.2025.

6. Taking into account the above, this Court, therefore,