GUWAHATI, India, July 26 -- Gauhati High Court issued the following order on June 25:
1. Heard Mr. K. A. Mazumder, learned counsel, appearing on behalf of the appellant. Also heard Mr. Buddhadip Gogoi, learned Addl. Advocate General, Assam, appearing on behalf of respondents No. 1 & 2.
2. The appellant, herein, has instituted the present intra-court appeal, assailing a common order, dated 13.02.2025, passed by the learned Single Judge in WP(c)194/2020, WP(c)1998/2020, WP(c)1012/2022, and WP(c)5287/2023, dismissing the same.
3. In the above-noted writ petitions instituted by the appellant, herein, as petitioner, before the writ Court; the common issue was pertaining to the issue of an No Objection Certificate(NOC) by the State Government for the purpose of conducting Pharmacy courses in HAM AK College of Pharmacy, Dental and Medical Sciences. In the said writ petitions, it was projected that the Pharmacy Council of India, had, vide a letter, dated 31-05-2023, granted its approval to the opening of the said College and for conducting therein, a Bachelor of Pharmacy course for the session 2019-2020 to 2023-2024 and a Diploma in Pharmacy course upto 2023-2024.
4. One of the requisites for conducting the said course being the issuance of an No Objection Certificate(NOC) by the State Government concerned, the appellant had approached the authorities concerned. The State authorities had constituted a committee for carrying-out the inspection. Initially, after carrying-out the inspection by the committee, the committee recommended for grant of an No Objection Certificate(NOC) to the petitioner's institution. However, the said process was not taken to its logical conclusion and the petitioner institution was subjected to further inspections. The State Government had refused to grant the No Objection Certificate(NOC) for the reason that as per the inspection report coming on record, subsequently; the required infrastructure in the proposed institution of the petitioner was lacking. In the above-noted petitions, the appellant, herein, had also challenged the inspection report subsequently coming on record by the constituted committee wherein the deficiencies found in the said institution of the petitioner, was noted.
5. The learned Single Judge analogously heard the above-noted writ petitions and was pleased vide order, dated 13-02-2025 to reject the claim of the appellant and the writ petitions came to be dismissed.
6. It is to be noted that during the course of the hearing of the above-noted writ petitions, the Government had brought on record, a Notification, dated 07.11.2023, pertaining to regulatory framework of nursing, pharmacy and allied health science sectors in the State of Assam. The said Notification was gazetted on 08-11-2023 in the Assam Gazette. The learned Single Judge while dismissing the said writ petitions, was pleased to grant liberty to the petitioners to assail the Notification, dated 07-11-2023, with further liberty to the appellant to also apply for a fresh No Objection Certificate(NOC) in terms of the policy decision as contained in the said Notification, dated 07-11-2023.
7. Mr. Mazumder, learned counsel for the petitioner, has submitted that the Pharmacy Council of India having already granted its approval for conduct of pharmacy courses in the petitioner's institution; the requirement of an No Objection Certificate(NOC) from the State Government in this connection, would not be called for. The learned counsel has further submitted that the Pharmacy Council of India being the apex body for grant of permission for conduct of Pharmacy courses in a particular institution; the requirement of obtaining further No Objection Certificate(NOC) from the State Government would not be mandated.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1wBH%2BJ%2F9aH9OPIgBEeV9WHqTMkmSBijKWv52Jtijwnw&caseno=WA/198/2025&cCode=1&cino=GAHC010058212025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
