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Binod Ch Haloi Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Binod Ch Haloi Vs the State of Assam and Anr.Binod Ch Haloi v. the State of Assam and Anr.

Disposed¶6

Binod Ch Haloi v. the State of Assam and Anr.

Gauhati HC18 Mar 2025WP(C)/3485/2023

Case brief

AI extract

What is this about?

Binod Ch Haloi v. State of Assam and Assam Pharmacy Council, WP(C)/3485/2023, Gauhati High Court, decided 19.03.2025 by Justice Arun Dev Choudhury. Registered Pharmacist's grievance of non-renewal of registration; registration No. 261(P) dated 10.03.1995; Registration No. 7675 dated 08.02.1999; renewed upto 31.12.2012; Executive Committee of Assam Pharmacy Council resolution No.3 dated 22.06.2018 deleting names of certain pharmacists including petitioner from register; Standing Counsel statement that necessary order shall issue under Pharmacy Act, 1948; writ petition closed as infructuous; Council to furnish minutes of 22.06.2018 meeting; petitioner at liberty to pursue remedy under Pharmacy Act, 1948 including appeal.

What did the court decide?

Writ petition closed as infructuous; Pharmacy Council directed to furnish to the petitioner the minutes of its meeting dated 22.06.2018; petitioner left at liberty to avail his remedy under the Pharmacy Act, 1948, including the right to appeal.

Why is it important?

In view of the Council's affidavit and the Standing Counsel's statement, the writ petition has become infructuous as nothing survives to be decided, and accordingly stands closed. ¶6

What the court decided

AI extract

Outcome

Writ petition closed as infructuous; Pharmacy Council directed to furnish to the petitioner the minutes of its meeting dated 22.06.2018; petitioner left at liberty to avail his remedy under the Pharmacy Act, 1948, including the right to appeal.

Issue for consideration

Whether relief could be granted on the petitioner's grievance that his registration as a Registered Pharmacist was not renewed by the authorities.

Ratio / Principle

In view of the Council's affidavit and the Standing Counsel's statement, the writ petition has become infructuous as nothing survives to be decided, and accordingly stands closed.

Key takeaways

The Pharmacy Council shall furnish to the petitioner the minutes of its meeting dated 22.06.2018.ratio¶7
The petitioner shall be at liberty to avail his remedy under the Pharmacy Act, 1948, including the right to appeal.ratio¶7

Detailed headnote1 paragraphs

Gauhati High Court (Honourable Mr. Justice Arun Dev Choudhury), WP(C)/3485/2023, order dated 19.03.2025 — A Registered Pharmacist (initial registration No. 261(P) dated 10.03.1995, subsequently Registration No. 7675 dated 08.02.1999, renewed duly upto 31.12.2012) complained that his registration was not renewed by the authorities. The affidavit of the Assam Pharmacy Council disclosed that its Executive Committee, at its meeting held on 22.06.2018 under Resolution No.3, had resolved to delete the names of certain pharmacists, including the petitioner, from the register of Pharmacists. Learned Standing Counsel, Health Department, submitted that necessary order shall be issued to the petitioner in terms of the Pharmacy Act, 1948. Holding that nothing survived for decision, the Court closed the writ petition as infructuous, directed the Pharmacy Council to furnish to the petitioner the minutes of the meeting dated 22.06.2018, and left the petitioner at liberty to avail his remedy under the Pharmacy Act, 1948, including the right to appeal.

A

Page No.# 1/3

GAHC010126802023

2025:GAU-AS:2912

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

Case No. : WP(C)/3485/2023

BINOD CH HALOI S/O- LATE GANGA RAM HALOI. R/O- VILLAGE BAR AZARA, P.O- BAR AZARA, DIST- NALBARI, ASSAM, PIN-781334

VERSUS

THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006.

2:THE ASSAM PHARMACY COUNCIL REP. BY THE REGISTER/ SECRETARY HENGRABARI GUWAHATI ROAD 781036 ASSAM

Advocate for the Petitioner : MR C GOSWAMI,

Advocate for the Respondent : SC, HEALTH,

BEFORE

HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

Date : 19.03.2025

Heard Mr. C. Goswami, learned counsel for the petitioner and Mr. B. Gogoi, learned Standing counsel, Health and Family

Page No.# 2/3

Welfare Department, Assam for the respondent Nos. 1 & 2.

The petitioner herein is a Registered Pharmacist under the Assam Pharmacy Council. The grievance of the petitioner is that his registration as a Registered Pharmacist is not renewed by the authorities.

According to the petitioner, initially, his registration as a Registered Pharmacist was issued vide registration No. 261(P) dated 10.03.1995 which was valid upto 31.12.1995 and thereafter, the same was renewed in the years 1996 & 1997. Subsequently, his registration as a Registered Pharmacist was due under the Assam Pharmacy Council under Registration No. 7675 dated 08.02.1999. Though his registration as a Registered Pharmacist has been renewed duly upto 31.12.2012, thereafter, the same was not renewed by the authorities. 4. An affidavit has been filed by the Pharmacy council, Assam wherein a specific stand has been taken that the Executive Committee of the Assam Pharmacy Council, in its meeting held on 22.06.2018, under resolution No.3, resolved to delete the names of certain pharmacist from the register of Pharmacists of Assam Pharmacy Council, which includes the name of the petitioner.

It is also submitted by Mr. B Gogoi, learned standing counsel, Health Department that necessary order shall be issued to the petitioner in terms of the Pharmacy Act, 1948.

In view of the aforesaid, this matter has become infructous, as nothing survives to be decided in this writ petition. Accordingly the writ petition stands closed.

However, the Pharmacy council shall furnish minutes of

Page No.# 3/3

the meeting dated 22.06.2018 to the petitioner. Further, the petitioner shall be at liberty to avail his remedy under the Pharmacy Act, 1948 including the right to appeal.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether relief could be granted on the petitioner's grievance that his registration as a Registered Pharmacist was not renewed by the authorities.¶2

Statutes considered

1 provisions across 1 enactments

AI extract

Pharmacy Act, 1948Pharmacy Act, 1948¶5

Procedural history

How this case reached the court

AI extract

Order under challenge
Resolution No.3 adopted by the Executive Committee of the Assam Pharmacy Council at its meeting held on 22.06.2018, resolving to delete the names of certain pharmacists, including the petitioner, from the register of Pharmacists.¶4
Executive Committee of the Assam Pharmacy Council · 22.06.2018
Prior proceeding
Petitioner's initial registration as a Registered Pharmacist was issued vide registration No. 261(P) dated 10.03.1995, valid upto 31.12.1995.¶3
Prior proceeding
The initial registration was renewed in the years 1996 & 1997.¶3
Prior proceeding
Subsequently, the petitioner's registration under the Assam Pharmacy Council was Registration No. 7675 dated 08.02.1999.¶3
Prior proceeding
The registration was renewed duly upto 31.12.2012, and was not renewed thereafter by the authorities.¶3
Prior proceeding
Affidavit filed by the Pharmacy Council, Assam disclosing that the Executive Committee, in its meeting held on 22.06.2018, under resolution No.3, resolved to delete the names of certain pharmacists from the register.¶4
Prior proceeding
The names ordered to be deleted included that of the petitioner.¶4
Prior proceeding
Mr. B. Gogoi, learned Standing Counsel, Health Department, submitted that necessary order shall be issued to the petitioner in terms of the Pharmacy Act, 1948.¶5

Parties & counsel

AI extract

petitioner
BINOD CH HALOI S/O- LATE GANGA RAM HALOI. R/O- VILLAGE BAR AZARA, P.O- BAR AZARA, DIST- NALBARI, ASSAM, PIN-781334¶¶6
Mr. C. Goswami
respondent
THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006.¶¶8
Mr. B. Gogoi
respondent
THE ASSAM PHARMACY COUNCIL REP. BY THE REGISTER/ SECRETARY HENGRABARI GUWAHATI ROAD 781036 ASSAM¶¶9
Mr. B. Gogoi

Coram

AI extract

ARUN DEV CHOUDHURYauthor¶¶13

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 18 Mar 2025 · March
Registered: 15 Jun 2023
Case no.: WP(C)/3485/2023
CNR: GAHC010126802023
Bench: Arun Dev Choudhury
Disposal: Disposed Of
Case type: WP(C)

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Cite this judgement

Binod Ch Haloi v. the State of Assam and Anr., WP(C)/3485/2023 (GAU), decided on 18 March 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Pharmacy Act, 1948Pharmacy Act, 1948

View all statutes

Procedural history8

Resolution No.3 adopted by the Executive Committee of the Assam Pharmacy Council at its meeting held on 22.06.2018, resolving to delete the names of certain pharmacists, including the petitioner, from the register of Pharmacists.Executive Committee of the Assam Pharmacy Council · 22.06.2018
Petitioner's initial registration as a Registered Pharmacist was issued vide registration No. 261(P) dated 10.03.1995, valid upto 31.12.1995.
The initial registration was renewed in the years 1996 & 1997.

View full history

Bench / Coram

ARUN DEV CHOUDHURY

Parties & counsel