GOVERNMENT OF INDIA Vs. INDIAN PHARMACY GRADUATES ASSOCIATION

JUDGEMENT

(1.) It is stated in the affidavit filed in support of the writ petition in

(2.) The petitioner states that there are no rules so far framed for recruitment to the post of Drugs Controller General (India) which is the highest post in the Drugs Department and in the absence of the recruitment rules, there could be no rights accrued to any officer of the Drugs Department on individual basis to be represented. Therefore, the officers of the Drugs Department are commonly aggrieved to be represented through the petitioner Association. The petitioner states that the relevant provisions of Rules 49A and 50A of the Drugs and Cosmetics Rules, 1945 prescribes the qualification for appointment to the post of Drugs Controller General (India). The duties of the Inspectors are prescribed under Rules 51 and 52 which are very wide and hence a transparent method of selection is imperative for appointment of persons to the said post. Against the Notification issued, the Union Public Service Commission had received 26 applications out of which only 6 applicants were found to be eligible for consideration and the suitability of the fifth respondent and four others were assessed by a duly constituted Selection Committee and the fifth respondent was recommended for appointment to the post of Drug Controller General (India) and thereafter, the first respondent has appointed the fifth respondent herein on deputation basis as on 01.02008 and continued him in the said post for a period of more than 21/2 years.

(3.) The petitioner states that in this connection, one Ramalingasamy, a retired Joint Director of Drugs Control under the Government of Tamil Nadu, has filed a writ petition in W.P.No.15607 of 2010 challenging the appointment of the fifth respondent herein to the post of Drug Controller General (India). During the course of hearing of the writ petition, it was brought to the notice of this Court that the first respondent had framed recruitment rules for the post and the same were notified in the Government of India Gazette Notification on 14.06.2011. The Division Bench of this Court has disposed of the said writ petition directing to complete the recruitment process to the said post in terms of the recruitment rules notified on 14.06.2011 as expeditiously as possible, by order dated 02.08.2011.