ASSAM PHARMACY COUNCIL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D Borgohain, the learned counsel appearing on behalf of the petitioners. Mr. DP Borah, the learned counsel appears on behalf of the Health and Family Welfare Department, Govt. of Assam.

(2.) The petitioner No.1 is the State Pharmacy Council constituted in terms with Sec. 19 of the Pharmacy Act 1948, (hereinafter referred to as the 'Act of 1948'). The grievance of the petitioners herein is that the respondent State Government is not granting the sanction to the petitioner No.1 to appoint the Inspectors under Sec. 26A of the Act of 1948. The petitioners have assailed the inaction on the part of the State Government in not framing the Rules in terms with Sec. 46(2)(ff) of the Act of 1948. The petitioners have also assailed the order dtd. 28/7/2021, whereby the Principal Secretary to the Government of Assam, Health and Family Welfare Department has rejected the proposal of the petitioners to appoint Inspectors under Sec. 26A of the Pharmacy Act of 1948.

(3.) In order to deal with the grievance of the petitioners this Court finds it relevant to take note of the Act of 1948. The said Act of 1948 was enacted to make better provisions for the regulations of the profession and practice of pharmacy and for that purpose to constitute Pharmacy Councils.