JUDGMENT & ORDER (ORAL)

(Ashutosh Kumar, CJ)

We have heard Mr. G.N. Sahewalla, learned Senior Advocate for the appellant; Mr. D.P. Borah, learned Standing Counsel, Health & Family Welfare Department, Ministry of Medical Education & Research Department and Mr. G. Rahul, learned Advocate for the respondent No.6.

2. The dispute in the present appeal is regarding the nomination as State of Assam’s Member to the Pharmacy Council of India under Section 3(h) of the Pharmacy Act, 1948.

3. The appellant, who claims himself to be a highly qualified Pharmacist, had applied for nomination, which was considered by a Screening Committee constituted by the Director of Medical Education. All eligible applications for nomination were evaluated whereafter the appellant was recommended for his selection as nominee of the State for becoming a Member to the Pharmacy Council of India. His name was forwarded to the Pharmacy Council of India by the Medical Education & Research Department on 08.08.2023. However, the Health & Family Welfare Department, through its Joint Secretary (respondent No.4), forwarded the name of respondent No.6, who is a Pharmacist working in the Assam Legislative Assembly’s Health Centre, on 07.08.2023 and later on 29.08.2023, recalled the nomination of the appellant and confirmed the nomination of the respondent No.6. This apparently was done with the approval of the Hon’ble Minister of the Department.

4. Mr. Sahewalla has drawn the attention of this Court to a communication made on behalf of the Pharmacy Council of India to the Principal Secretary to the Health & Family Welfare Department seeking nomination of a person to be the Member of the Pharmacy Council of India under Section 3(h) of the Pharmacy Act, 1948.

Pursuant to such requisition/communication, the Joint Secretary to the Government of Assam, Medical Education & Research Department recommended three names, the appellant being one of them, for being considered for nomination.

5. For the purposes of evaluation of the candidature of the afore-noted three persons, specific views were sought from the Director of Medical Education, Assam. It appears that a Screening Committee was constituted by the Director of Medical Education, Assam for selecting one out of the three candidates for becoming a Member. The Committee comprised five persons, who, vide minutes dated 01.08.2023, found the appellant to be most suitable for being nominated as a Member to the Pharmacy Council of India from the Government of Assam.

It further appears that simultaneously, the Joint Secretary to the Government of Assam in the Department of Health & Family Welfare recommended the respondent No.6 to be a Member and by letter dated 29.08.2023, recalled the nomination of the appellant, which was made vide Medical Education & Research Department’s letter dated 08.08.2023.

6. Mr. Sahewalla has argued that a proper procedure was adopted by the Medical Education & Research Department for selection of the name of one person out of three for nomination to the Pharmacy Council of India, which could not have been recalled unilaterally. He has further submitted that the respondent No.6 could not have been nominated straightway without any procedure being followed in that regard.

That apart, it has been submitted that it was only on the communication made by the Pharmacy Council of India that the exercise was initiated for selecting the name of a person, who was to be nominated and it was only after proper scrutiny that the name of the appellant was selected.

7. Responding to this submission, Mr. D.P. Borah, learned counsel, who represents the Health Department, which includes the Health & Family Welfare Department and Medical Education & Research Department that in fact the requisition was made to the Health & Family Welfare Department and that Medical Education & Research Department ought not to have initiated any exercise for selecting and forwarding the name of the person to be nominated as Member of the P