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