BICHITRA KUMAR DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Das, the learned Senior counsel assisted by Mr. B. Das, the learned counsel appearing on behalf of the Petitioner. I have also heard Mr. D. P. Borah, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2, 3, 4 & 5 and Mr. G. Rahul, the learned counsel appearing on behalf of the Respondent No.6.

(2.) The dispute in the instant proceedings arises as to which of the Departments i.e. Health and Family Welfare Department or the Medical Education and Research Department which are under the Health Department of the Government of Assam has a right to nominate a member to the Pharmacy Council of India under Sec. 3(h) of the Pharmacy Act, 1948.

(3.) For deciding the said issue, this Court finds it relevant to take note of the Pharmacy Act, 1948 (for short "the Act of 1948"). The Preamble to the said Act stipulates that the said Act was enacted to regulate the profession and practice of Pharmacy and for that purpose to constitute Pharmacy Councils. Sec. 2(c) defines the term "Central Council" to mean the Pharmacy Council of India constituted under Sec. 3 of the Act of 1948. For the purpose of the instant writ petition, the said Sec. 3 of the Act of 1948 is very pertinent.