JANARTHANAN M D S ASST MEDICAL OFFICER PRIMARY HEALTH CENTRE VADUGANTHANGAL VELLORE DISTRICT Vs. SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPT FORT ST GEORGE

JUDGEMENT

(1.) BY consent of the learned counsel for both parties, the writ petition is taken up for final disposal.

(2.) CHALLENGING the appointment of the third respondent as Licensing Authority under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act"), for Ayurvedha, Sidha and Unani drugs the petitioners have come forward with this writ petition. The petitioners claim that they are fully qualified to be appointed as Licensing Authority under the Act as they satisfy Rule 49-A of the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as "the Rules") whereas, according to the petitioners, the third respondent does not satisfy the qualifications prescribed in the said provision.

(3.) PRIOR to the amendment made in the year 1982, the Act did not embrace into its ambit Sidha, Ayurvedha and Unani drugs. By means of Amendment Act 68 of 1982 provisions were made in respect of drugs relating to Ayurveda, Siddha or Unani Tibb Systems of Medicines also. The definition of term "drug" was amended, so as to include Ayurveda, Siddha or Unani Tibb Systems of Medicines specified in the schedule. PRIOR to the said amendment, there was only one Board known as "the Drugs Advisory Board" constituted under Section 5 of the Act. By means of amendment, in relation to Ayurvedic, Siddha or Unani drugs, "Ayurvedic, Siddha and Unanai Drugs Technical Advisory Board" was constituted under Section 33(C) of the Act. Similarly, in respect of Ayurveda, Siddha and Unani drugs, a separate Government Analyst is appointed by the Central Government or a State Government under Section 33-F of the Act and in respect of other drugs or cosmetics a Government Analyst is appointed by the Central Government or a State Government under Section 20 of the Act. In the same manner, "Inspector" in relation to Ayurveda, Siddha or Unani drug is appointed by the Central Government or State Government under Section 33-A of the Act and in relation to all the other drugs and cosmetics an "Inspector" is appointed by the Central government or State Government under Section 21 of the Act.