STATE OF HARYANA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The present batch of appeals concerns the challenge to the power of the State Government to prescribe the essential qualifications different from the qualification prescribed by the Central Government under Rule 49 of the Drug Rules, 1945[As amended by (Amendment) Rules, 2025.] (in short, 'Drug Rules') framed in exercise of the power under Ss. 6(2), 12, 33 and 33N[Chapter IVA - Provisions relating to [Ayurvedic, Siddha and Unani] Drugs. ] of the Drugs and Cosmetics Act, 1940 (in short, 'D&C Act') for appointment to the post of Drug Inspector (in short, 'DI'), or Drug Control Officer (in short, 'DCO').

(3.) These appeals arise from the proceedings in the State of Haryana and Karnataka respectively. Since there is a commonality of the facts and legal issues, they are being dealt with by this common judgment. For the sake of brevity, we are first dealing with the facts of the appeals from the State of Haryana, followed by those from the State of Karnataka.