PRASENJIT CHAKRABORTY Vs. STATE OF TRIPURA; DEPUTY SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT; DIRECTOR, HEALTH & FAMILY WELFARE DEPARTMENT; DEPUTY DRUG CONTROLLER; RAMA KANTA KAR AND ORS,

JUDGEMENT

(1.) The only question which arises in this writ petition with regard to interpretation Rule 49 of the Drugs and Cosmetics Act, 1945, which reads as follows:-

(2.) According to Mr. J. Majumder, learned counsel, the words "specialization in Clinical Pharmacology or Microbiology" have to be read with all the three prescribed degrees i.e. a degree in Pharmacy, a degree in Pharmaceutical Sciences or a degree in Medicine. He therefore submits that only a person, who has one of the three degrees prescribed and also has a specialization either in Clinical Pharmacology or Micro-biology is eligible to be appointed as Inspector under the Drugs and Cosmetics Act, 1945 and Rule 49 referred to hereinabove.

(3.) On the other hand, the stand of the State and the private respondents is that the phrase "with specialization in Clinical Pharmacology or Micro-biology" is to be read only for those candidates who have a degree in Medicine and it does not apply to those persons who have a degree in Pharmacy or Pharmaceutical Sciences.