Gauhati High Court
Page No.# 1/18 vs The State Of Assam And 2 Ors on 11 June, 2025
Page No.# 1/18
GAHC010252532024
2025:GAU-AS:7637
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6394/2024
BISHNU PRIYA RABHA AND 2 ORS.
D/O- SHRI JAGAT RABHA, VILL.- ULUBARI, P.O. AMBAGAON, P.S. AND
DIST. UDALGURI, ASSAM, PIN- 784509.
2: CHANDIKA HAZARIKA D/O- SHRI PURNA HAZARIKA
VILL.- BANGALMARA THENGAL P.O. ISLAMGAON
P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN- 78754.
3: RIMPI KAMAN D/O- RATNASAGAR KAMA
BOKAKHAT TOWN WARD NO. 1 P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT ASSAM PIN- 785612
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM, DISPUR,
GUWAHATI-781006.
2:THE REGISTRAR CUM SECRETARY ASSAM PHARMACY COUNCIL
HENGRABARI GUWAHATI-781036.
3:THE DIRECTOR OF MEDICAL EDUCATION ASSAM
SIXMILE KHANAPARA GHY-781022
Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN
Advocate for the Respondent : SC, HEALTH,
Page No.# 2/18
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of hearing : 11.06.2025
Date of Judgment & Order : 11.06.2025
JUDGMENT & ORDER (ORAL)
Heard Mr. R. Amin, learned counsel, appearing on behalf of petitioners. Also heard Mr. Buddhadip Gogoi, learned Addl. Advocate General, Assam, appearing on behalf of all the respondents.
2. The grievance raised in the present petition by the petitioners, herein, is the denial to them, registration as Pharmacists by the Assam Pharmacy Council, after they had acquired the requisite qualification in terms of the provisions of the Pharmacy Act 1945, read with the Educational Regulations 1991, for diploma course in Pharmacy.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioners, herein, in response to Educational Notices, 12-05- 2017 and 04-06-2018, issued by the Registrar and Controller of Examinations, Srimanta Sankardeva University of Health Sciences, Guwahati, inviting applications, amongst others, for admission into Diploma in Pharmacy courses in institutes under the Director of Medical Education, Assam, for the Sessions 2017 and 2018, respectively, had submitted their respective applications for the same. While the petitioner No. 1 had so submitted his application in pursuance of the Educational Notice, dated 12- Page No.# 3/18 05-2017. The petitioners No. 2 & 3, had so submitted their respective applications in pursuance of the Educational Notice, dated 04-06-2018. The petitioners, thereafter, participated in the selection process and on qualifying therein, the names of the petitioners were shortlisted and they were required to appear in the counselling process. In the counselling process, the educational certificates of the petitioners, more particularly, their Higher Secondary(Science) qualification mark-sheets and certificates were duly examined and thereafter, basing on the recommendations so made; the Director of Medical Education, Assam, issued notices, admitting the petitioners, herein, into the Institutes of Pharmacy under the control of the Directorate of Medical Education, Assam.
The petitioner No. 1 was admitted into the Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2018, while the petitioner No. 2 was admitted into the same Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2019. The petitioner No. 3 was admitted into the Institute of Pharmacy attached to the Assam Medical College & Hospital, Dibrugarh, in the year 2019.
It is to be noted here that the petitioners No. 1 & 2, herein, had completed their final Diploma in Pharmacy course from the Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar, in the year 2001, while the petitioner No. 3 had successfully cleared the said course from the Institute of Pharmacy attached to the Assam Medical College & Hospital, Dibrugarh, in the year 2022.
Page No.# 4/18 Thereafter, in terms of the Educational Regulations 1991, for Diploma Course in Pharmacy; the petitioners, herein, underwent the mandatory Internship Training in their respective Institutes wherein they had pursued their Diploma in Pharmacy course. The petitioners on successful completion of the various stages of the Diploma in Pharmacy course, were issued with their respective Diplomas.
Having acquired the eligibility for being registered as Pharmacists, the petitioners No. 1 & 2, herein, submitted their respective applications before the Assam Pharmacy Council, in the year 2022, along with all the requisite documents in the prescribed format in the year 2021, while the petitioner No. 3 had submitted similar application for registration as Pharmacist in the year 2022. The petitioners, thereafter, were pursuing the matter with the authorities of the Assam Pharmacy Council for having their respective names registered as Pharmacists with the said Council. However, such registration was not granted to them by the Assam Pharmacy Council and no formal information was issued to the petitioners, herein, by the authorities of the Assam Pharmacy Council disclosing reasons with regard to such non-registration of their names as Pharmacists.
On enquiry, the petitioners could come to gather that they were being denied such registration by the Assam Pharmacy Council on the ground that they had not passed certain subjects in their respective Higher Secondary course and accordingly, they were held to be ineligible to pursue their Diploma in Pharmacy course and consequently, held to be not entitled to have their respective names registered with the Assam Pharmacy Council, as Pharmacists.
Page No.# 5/18 Being aggrieved, the petitioner has instituted the present proceeding before this Court.
4. Mr. Amin, learned counsel for the petitioners, after having reiterating the facts noticed hereinabove, has submitted that the petitioners, herein, had applied in pursuance of the educational notices issued in the matter by the Srimanta Sankardeva University of Health Sciences, Guwahati, and along with their such applications, submitted their respective educational qualification certificates and the mark-sheets, including that of the qualifying examination, i.e. the Higher Secondary course. The learned counsel has further submitted that the authorities of the Srimanta Sankardeva University of Health Sciences, Guwahati, on perusal of the educational certificates possessed by the petitioners and being satisfied that they fulfill the eligibility criteria mandated for admission into the Diploma in Pharmacy course in institutes under the Directorate of Medical Education, Assam, had allowed them to participate in the selection process so held.
5. Mr. Amin, learned counsel, has submitted that on being successful in the selection process; the petitioners, herein, were required to appear in a counselling process, wherein, the educational certificates of the petitioners, herein, were again scrutinized. Thereafter, on being found to be eligible to pursue the Diploma in Pharmacy course, the names of the petitioners were duly published in the admission notice issued in this connection by the Directorate of Medical Education, Assam. The learned counsel has further submitted that in terms of the admission notices issued in this connection; the petitioners, herein, were admitted for undergoing the Diploma in Page No.# 6/18 Pharmacy course in the Institutes of Pharmacy, indicated against their names, and accordingly, on their such admission, they pursued the said course.
6. Mr. Amin, learned counsel, has submitted that upon completion of the Diploma in Pharmacy course(both Part-I and Part-II); the petitioners pursued their practical internship programme for the prescribed duration. On successful completion of all the segments involved; they were awarded their respective Diploma in Pharmacy. The learned counsel has also submitted that after having acquired the basic qualification for registration as Pharmacists with the Assam Pharmacy Council; the petitioners, herein, submitted their respective application for registration with the Assam Pharmacy Council in the year 2021 and 2022, respectively. However, such registration was not effected by the Assam Pharmacy Council. The learned counsel has further submitted that on enquiry, the petitioners could come to gather that their registration was being denied on the ground that they purportedly had not passed in all the subjects in their respective Higher Secondary(Science) examinations and accordingly, the Assam Pharmacy Council had held them to be not eligible to pursue the Diploma in Pharmacy course. The learned counsel has submitted that by their action, the authorities of the Assam Pharmacy Council had construed the Diploma in Pharmacy course acquired by the petitioners, to be not valid, for the purpose of registration of their names with it as Pharmacists.
7. Mr. Amin, learned counsel, has submitted that the petitioners, herein, had pursued their respective Diploma in Pharmacy course with Institutes of Pharmacy, under the control of the Directorate of Medical Education, Page No.# 7/18 Assam, and accordingly, they cannot be said to have acquired such Diploma from Institutes not recognized by the Government and by the Pharmacy Council of India. The learned counsel has further submitted that the non- registration of the names of the petitioners as Pharmacists by the Assam Pharmacy Council, has the effect of denying to the petitioners, herein, a means of livelihood. The learned counsel has also submitted that the reason advanced by the Assam Pharmacy Council for denying such a registration is clearly perverse, inasmuch as, the Educational Regulations, 1991, mandates that such a registration would be granted to persons who have acquired a Diploma in Pharmacy after undergoing a course in terms of the said Regulations.
8. Mr. Amin, learned counsel, has submitted that there is no dispute that the Diploma course undergone by the petitioners, herein, were so undergone from the recognized Institutes, strictly, in accordance with the Educational Regulations, 1991, and as such, there had arisen no occasion to deny to the petitioners their respective registration as Pharmacists with the Assam Pharmacy Council.
9. Mr. Amin, learned counsel, by drawing the attention of this Court to a communication, dated 09-11-2022, issued by the Director of Medical Education, Assam, to the Registrar, Assam Pharmacy Council, has submitted that vide the said communication; the Director of Medical Education, Assam, had clarified that the petitioners No. 1 & 2, were admitted into their respective Diploma in Pharmacy course after it was ascertained that the petitioners had also passed in their respective Chemistry and Physics papers in their Higher Secondary(Science) Page No.# 8/18 examination and accordingly, it was clarified that they were admitted into the respective Diploma in Pharmacy course after having found to have fulfilled the educational regulations for admission into the Diploma in Pharmacy course formulated by the Pharmacy Council of India. The learned counsel has further submitted that in view of the said clarification, there was no occasion for the authorities of the Pharmacy Council of Assam to deny to the petitioners, herein, their due registration.
10. In the above premises, Mr. Amin, learned counsel for the petitioners, has submitted that this Court would be pleased to direct the Assam Pharmacy Council to process the applications submitted by the petitioners, herein, before it and to grant to them, registration as pharmacists with the Assam Pharmacy Council.
11. Per contra, Mr. Gogoi, learned Addl. Advocate General, Assam, has submitted that the Educational Regulations, 1991, mandates that a student for being admitted into the Diploma in Pharmacy course, has to individually pass in the subjects of Physics, Chemistry, Biology, or, Mathematics, in the Higher Secondary examination. The learned Addl. Advocate General, Assam, has submitted that the petitioners, herein, had not cleared their Chemistry and/or Physics papers in the Higher Secondary examination, wherein, they had appeared and accordingly, they were ineligible for being admitted for undergoing the Diploma in Pharmacy course. Accordingly, on a scrutiny made by the authorities of the Assam Pharmacy Council, the petitioners having been found to be not eligible for pursuing their Diploma in Pharmacy course, they were refused registration as Pharmacists with the Assam Pharmacy Council although the petitioners had cleared all the stages Page No.# 9/18 involved in their Diploma in Pharmacy course.
12. Accordingly, in the above premises, Mr. Gogoi, learned Addl. Advocate General, Assam, has submitted that the petitioners, herein, are not entitled to have their names registered as Pharmacists with the Assam Pharmacy Council and such denial of registration being based on cogent reasons existing in the matter; this Court may be pleased not to issue directions to the Assam Pharmacy Council for registration of the names of the petitioners, herein, as Pharmacists with them.
13. I have heard the learned counsels appearing for the parties and also perused the materials available on record.
14. The facts existing in the matter has already been noticed herein above. The materials brought on record would go to reveal that in pursuance of the Educational Notices issued by the Srimanta Sankardeva University of Health Sciences, Guwahati, on 12-05-2017 and 04-06-2018, the petitioners, herein, had submitted their respective applications for being admitted into the Diploma in Pharmacy course. A perusal of the eligibility criteria as set-out in the said Educational Notices would go to reveal that a candidate for being admitted into the Diploma in Pharmacy courses in the Institute of Pharmacy functioning under the control of the Directorate of Medical Education, Assam, was required to have passed his or her Higher Secondary(10+2) Science, or, equivalent examination with Physics, Chemistry and Biology and/or Mathematics from a recognized Board/Council/University.
Page No.# 10/18
15. It is seen that the petitioners, herein, had appeared in their Higher Secondary final examination from the Assam Higher Secondary Education Council. The mark-sheets of the petitioners for the said Higher Secondary course, undergone by them issued by the Assam Higher Secondary Education Council goes to reveal that they had passed the said examination and had English, MIL(Assamese), Chemistry, Biology, Mathematics and Physics, as their papers in the said examination. The mark-sheets brought on record of the petitioners of the said examination, on perusal, reveals that they had passed each of the papers, more particularly, Physics, Chemistry & Biology. and/or Mathematics. On submission of their respective applications in pursuance to the Educational Notices involved in the matter, the same were scrutinized by the authorities and accordingly, they being found to have satisfied the eligibility criteria, they were allowed to participate in the selection process for admission into the first year Diploma in Pharmacy course. The petitioners, herein, being successful in the selection process, were required to appear for a counseling, wherein, the eligibility of the petitioners were again verified. Such verification was also extended to the educational certificates produced by the petitioners.
16. On conclusion of the selection process; the petitioners, herein, were admitted into their respective Diploma in Pharmacy courses. While the petitioners No. 1 & 2, were so admitted to the Institute of Pharmacy attached to the Silchar Medical College & Hospital, Silchar; the petitioner No. 3 was so admitted to the Institute of Pharmacy attached to the Assam Medical College & Hospital, Dibrugarh. The petitioners, herein, pursued their Diploma in Pharmacy course and on successful completion of the Part- I and Part-II segments of the course, they were issued with their respective mark-sheets. As mandated, the petitioners, thereafter, pursued their Page No.# 11/18 practical training for the duration prescribed in the Educational Regulations formulated by the Pharmacy Council of India. On conclusion of the said practical training, the petitioners were awarded their respective Diploma in Pharmacy by the Srimanta Sankardeva University of Health Sciences, Guwahati.
17. The Educational Regulations, 1991, mandates that for being registered as a Pharmacist, a candidate must have the minimum qualification of passing the Diploma in Pharmacy(Part-I and Part-II) and satisfactory completion of Diploma in Pharmacy(Part-III). The petitioners, herein, have completed all the segments of the said Diploma in Pharmacy course and accordingly, they were eligible for being registered as Pharmacists with the Pharmacy Council of India. However, the applications of the petitioners, in this connection, not being considered, the present proceedings were instituted before this court.
18. A perusal of the Educational Regulations, 1991, formulated by the Pharmacy Council of India under the provisions of Section 10 of the Pharmacy Act, 1948, would go to reveal that for admission into Diploma in Pharmacy (Part-I) course, a candidate is required to pass his or her Higher Secondary(10+2) science examination with Physics, Chemistry & Biology, or, Mathematics papers. The said prescription with regard to the minimum educational qualification requisite for admission into Diploma in Pharmacy(Part-I) course is also set-out in the Educational Notices involved in the present matter.
19. The eligibility criteria as set-out in the Educational Notices being Page No.# 12/18 relevant, the same is extracted hereinbelow from the Educational Notice, dated 12-05-2017.
"(II) Eligibility criteria for admission into Diploma in Pharmacy course in the Institute of Pharmacy attached to 3 (three) Medical Colleges of Assam :
1. The candidate must have passed the Higher Secondary Examination (10+2) or Equivalent Examination with Physics, Chemistry and Biology and/or Mathematics from a recognized Board/Council/University.
2. Age: Not below 17 years and above 24 years on 31-12-2017. The upper age limit is relaxable by 3 (three) years in respect of candidates belonging to SC/ST/OBC/MOBC category.
3. The candidate must be a Permanent Resident of Assam.
4. Reservation of Seats: There shall be reservation of seats for SC/ST(P)/ST(H)/OBC/MOBC/TGL/EX-TGL/Char area/PH category from the available seats as per Govt. of Assam Rule."
20. A perusal of the eligibility criteria as extracted hereinabove, contained in the Educational Notice, dated 12.05.2017, would go to reveal that the candidate desirous for admission into the Diploma in Pharmacy course, must have passed his or her Higher Secondary(10+2) science examination with Physics, Chemistry & Biology, or, Mathematics papers, from a recognized Board/Council/University.
21. It is not disputed that the petitioners, herein, had not pursued their Higher Secondary course under a recognised Board/Council/University. As noticed hereinabove, the petitioners had appeared in the Higher Secondary Final Examination in as many as 6(six) papers including Physics, Chemistry, Biology and Mathematics. The Assam Higher Secondary Education Council, in the mark-sheets issued to the petitioners, herein, had declared them to have passed their respective Higher Secondary final examination. Such certificates were duly noticed by the authorities of the Srimanta Sankardeva University of Health Sciences, Guwahati, while admitting them for undergoing the selection process including the counselling held in the Page No.# 13/18 matter. It is to be noticed that there is further no dispute with regard to the Diploma in Pharmacy course acquired by the petitioners, herein. The said course was admittedly acquired by the petitioners from Institutes of Pharmacy functioning under the control of the Directorate of Medical Education, Assam. Accordingly, it is to be held that the Higher Secondary qualification acquired by the petitioners and the Diploma in Pharmacy qualification so acquired by them, were so acquired from Boards/Institutes recognized by the respondent authorities including the Pharmacy Council of India.
22. The objection raised with regard to the registration of the petitioners as Pharmacists by the Assam Pharmacy Council, in the present proceeding, is to the effect that the Educational Regulations, 1991, of the Pharmacy Council of India, mandates that for admission into the Diploma in Pharmacy, a candidate has to pass the subjects of Physics, Chemistry, Biology, or, Mathematics, individually, in their Higher Secondary examination. It is projected that the petitioners, herein, had not passed in all the subjects mentioned above and accordingly, they were held to be ineligible for having their names registered as Pharmacists with the Assam Pharmacy Council.
23. The said objection raised by the authorities of the Pharmacy Council of India is clearly misplaced and the same is revealed from a communication, dated 09-11-2022, brought on record by the petitioners in the matter and not denied by the respondents in the affidavit filed by them.
24. The said communication, dated 09-11-2022, being relevant, is Page No.# 14/18 extracted hereinbelow:
"GOVERNMENT OF ASSAM OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, ASSAM SIXMILE, KHANAPARA, GUWAHATI-22 No.DME/D.Pharm/54/2021/ Dated Guwahati the......th Nov. 2022 From: Prof. (Dr.) A. K. Barman, Director of Medical Education, Assam To, The Registrar, Assam Pharmacy Council, Hengrabari Guwahati Sub.: Forwarding of 2(two) Ncs. of Application, in respect of Chandika Hazarika & Bishnupriya Rabha who passed Diploma in Pharmacy Part-II examination held in September 2021.
Ref.: Memo 1. No. SMC/IP/2021/16/236, dtd. 27/12/2021.
2. No. SMC/IP/2021/16/211, dtd. 16/12/2021.
Sir/Madam, With reference to the subject cited above, I am to forward herewith the 2(two) Nos. of Application, in respect of Chandika Hazarika & Bishnupriya Rabha who passed Diploma in Pharmacy Part-II examination held in September 2021. As per Pharmacy Council of India Regulation 4 of Pharm. D Regulations, 2008" a candidate with 10+2 examination seeking admission to Pharm. D Part-I course shall pass in subjects of Physics, Chemistry and Biology or Maths individually" Since these two candidates secured above total pass marks in chemistry and Physics respectively in Class-XII examination, they were allowed admission to the D Pharm Course.
This is for favour of information and necessary action.
Yours faithfully, Sd/-
Director of Medical Education, Assam Memo No.DME/D.Pharm/54/2021/21688-90 Dated 9th Nov./2022"
25. A perusal of the said communication, dated 09-11-2022, would go to reveal that the Director of Medical Education, Assam, had clarified that the petitioners No. 1 & 2, had passed their Diploma In Pharmacy(Part-II) examination held in the in the month of September 2021. It was further Page No.# 15/18 clarified that the Educational Regulations, 1991, of the Pharmacy Council of India, requires a candidate to pass in subjects of Physics, Chemistry and Biology, or, Mathematics, individually, in their Higher Secondary science course. It was clarified that the petitioners No. 1 & 2, having secured above total pass marks in their Chemistry and Physics papers in their respective Higher Secondary examination, they were allowed admission into the Diploma in Pharmacy course. The said communication, dated 09-11-2022, while bringing to the forefront the fact that the petitioners, herein, were eligible for being admitted for undergoing the Diploma in Pharmacy course, it also reveals that the educational qualifications possessed by the petitioners No. 1 & 2 were duly examined by the concerned authorities at the time of their respective admission into the said course.
26. The petitioners having not suppressed any matter while seeking admission into the Diploma in Pharmacy course and the respondent authorities, with open eyes, having permitted their such induction into the said course after verification of their eligibility criteria; the induction into the diploma course in respect of the Petitioners No. 1 & 2, cannot be permitted to be questioned by any authority including the Assam Pharmacy Council. The materials brought on record would go to reveal that the clarification as set-out by the Director of Medical Education, Assam, in the said communication, dated 09-11-2022, in respect of the petitioners No. 1 & 2, would also squarely apply to the case of the petitioner No. 3, inasmuch as, it is seen that the petitioner No. 3 had also cleared all her papers in the said examination and had secured above total pass marks in the subjects involved including Chemistry and Physics. Further, the petitioner No. 3 was also declared to have passed the Higher Secondary final examination by the Assam Higher Secondary Education Council.
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27. In view of the above discussions, it is apparent that the petitioners, herein, were admitted for undergoing their respective Diploma in Pharmacy course after their educational qualifications were duly verified by the concerned authorities and their such admission being effected after satisfaction drawn by the authorities that they were eligible to be admitted into the Diploma in Pharmacy course, and such admission of the petitioners, herein, in the facts and circumstances involved in the present proceedings, cannot be permitted to be questioned by the authorities of the Assam Pharmacy Council. Though there can be no dispute with the proposition that fulfilling the basic eligibility for admission to a course is a sine qua non, which ought not to be overlooked, or, ignored, the peculiar facts of the case on hand would go to reveal that the admission of the petitioners, herein, into their respective Diploma in Pharmacy course, was so done after the competent authorities had verified their educational qualifications and also after drawing satisfaction that they had the requisite eligibility criteria for being so admitted.
28. The petitioners being at no fault and they having pursued their Diploma in Pharmacy course and having successfully completed each and every segment thereof, leading to award of a Diploma in Pharmacy to them; the Assam Pharmacy Council, cannot, deny to the petitioners, herein, registration as Pharmacists upon their successful completion of the Diploma in Pharmacy course and thereby, decimate their labour of all the years involved. Any deficiency existing with regard to the eligibility of the petitioners for being admitted into the Diploma in Pharmacy course, stood condoned by the respondent authorities and the said position is apparent from the communication, dated 09-11-2022, issued by the Director of Medical Education, Assam. Further, the steps taken in the matter by the Page No.# 17/18 Assam Pharmacy Council has the effect of rendering an otherwise valid diploma acquired by the petitioners, herein, after pursuing a course from a recognized university, to be invalid; the same is clearly impermissible.
29. Accordingly, this Court is of the considered view that in the peculiar facts and circumstances arising in the present matter; the petitioners, herein, have to be held to be eligible for having their respective names registered as Pharmacists based on the Diploma in Pharmacy course awarded to them by the Srimanta Sankardeva University of Health Sciences, Guwahati.
30. In view of the conclusions drawn hereinabove, the Registrar-cum- Secretary, Assam Pharmacy Council, and/or any other competent authority of the Assam Pharmacy Council, is hereby directed to process the applications submitted by the petitioners, herein, before it, for registration of their names as Pharmacist in the records of the Council. On such processing, it is directed that the names of the petitioners be registered as Pharmacist and the requisite certificates, in this connection, be issued to them. Such registration of the names of the petitioners, herein, be so effected within a period of 15 days from the date of receipt of a certified copy of this order. The petitioners are hereby required to cooperate with the authorities of the Assam Pharmacy Council and to clear any fees as may be prescribed for the purpose.
31. Before parting with the records, this Court would like to observe that the directions issued hereinabove to the Assam Pharmacy Council, for registering the names of the petitioners, herein, as Pharmacists, has been Page No.# 18/18 so issued basing on the peculiar facts and circumstances arising in the matter and the same cannot be treated as a precedent.
32. With the above directions and observations, this writ petition stands allowed.
JUDGE Comparing Assistant