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Page No.# 1/9 GAHC010184322025 2026:GAU-AS:4146

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

Case No. : WP(C)/4835/2025

SOURAV ACHARJEE S/O- DIPAK ACHARJEE, R/O- VILL.- JAGUN BAZAAR, NEAR JAGUN POLICE

OUTPOST, P.O. JAGUN, P.S. LEKHAPANI, DIST. TINSUKIA-786188.

……..Petitioner -VERSUS-

THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM, DISPUR,

GUWAHATI-781006.

2:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL HENGRABARI

GUWAHATI-781036.

3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM SIXMILE

KHANAPAEA GUWAHATI-781022.

4:THE HILLSIDE COLLEGE OF PHARMACY AND RESEARCH CENTRE REPRESENTED BY THE PRINCIPAL BANGALORE-560109 .............Respondents

Advocates:

For the petitioner : Mr. N. Borah, Advocate

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For the respondents: Mr. B. Gogoi, SC, Health

:::BEFORE:::

HON’BLE MR. JUSTICE KARDAK ETE -O R D E R-

23.03.2026

Heard Mr. N. Borah, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Family & Health

Department.

2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to register the petitioner as Pharmacist and to issue registration certificate in terms of the

Pharmacy Act, 1948 and the Rules framed there under.

3. Briefly put, the petitioner passed Higher Secondary (Science) Examination with subjects, Physics, Chemistry, Biology and Mathematics. While the petitioner secured requisite aggregate pass marks, he did not secured the minimum pass mark in the Physics theory component, however, he was declared passed the Higher

Secondary Examination (Science Stream).

4. The petitioner being eligible applied for admission to the Diploma in Pharmacy Course under Hillside College of Pharmacy and Research Centre, Bangalore, which is affiliated to Rajiv Gandhi University of Health Sciences, Karnataka as approved by the Pharmacy Council of India, All India Council for Technical Education

and the Government of Karnataka.

5. The petitioner completed the two years Diploma in Pharmacy

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course by clearing the final examination held on 12.07.2024 and thereafter, completed the mandatory three months practical training/internship as prescribed under the Pharmacy Act, 1948 and the Rules framed there under. Having completed the said course of Diploma in Pharmacy and the mandatory practical training/internship submitted an online application for registration as Pharmacist on 27.08.2024 before the Assam Pharmacy Council in the prescribed

form along with all requisite documents.

6. The respondent authority on enquiry has informed the petitioner that his application for registration could not be considered on the ground that he had failed in Physics theory in his Higher Secondary Examination, which rendered him ineligible for admission to the Diploma course in Pharmacy and for registration as a Pharmacist. The respondent authority although passed no order rejecting his application for registration, has refused to register the

petitioner as Pharmacist on the aforesaid ground.

7. It is the contention of the petitioner that he has successfully completed and passed the Diploma in Pharmacy in terms of the provisions of Pharmacy Act, 1948. Therefore, in terms of the Section 12 of the Pharmacy Act, 1948, he having the qualification approved fulfilled the condition laid down under the Education Regulation and therefore he is entitled to be registered as Pharmacist. The rejection of alleged ground of having failed in Physics theory in Higher Secondary Examination cannot be sustained as the petitioner has completed the Diploma in Pharmacy and the mandatory practical

training/internship of Pharmacist.

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8. Mr. N. Borah, learned counsel for the petitioner submits that the petitioner has submitted his application for registration as a Pharmacist with all the requisite documents including his Higher Secondary mark-sheet. Und