Even though the Bombay High Court has vacated the stay on publishing the results of the interviews conducted by the Union Public Service Commission (UPSC) in March this year for the post of Deputy Drug Controller General of India (Dy DCGI), the issue is not out of legal tangle as another case related to the issue is pending in Madras High Court.
According to sources, the Madras High Court has already served notice to the government on the petition. But, the case is yet to come up for hearing as the government is yet to file the counter affidavit.
While the Bombay High Court was moved by some senior health ministry officials including Dr DK Chauhan, assistant drugs controller, Mumbai Port, the Madras High Court was moved by Dilip Kumar, secretary of the Tamil Nadu branch Indian Pharmacy Graduates Association (IPGA) who had earlier challenged the health ministry's new Recruitment Rule (RR) in the Madras High Court on the plea that the ministry had tailor-made the new rules to fit its nominee in the post of DCGI.
The petitioners of both the cases were annoyed over the health ministry's decision to appoint Dy DCGI as per the new Recruitment Rule (RR) framed by the ministry last year which, they contested, was not in consonance with Rule 49(A) and 50(A) of the Drugs and Cosmetics Act (D&C).
The issue took a turn for the worse when the union health ministry directed the UPSC to conduct interviews for the post of Dy DCGI as per the new Recruitment Rules (RR).
While the UPSC was conducting interviews from March 23 and 28 this year, the petitioners moved the court praying it to direct the union health ministry to rectify the Recruitment Rules with respect to qualification and experience as per Drugs and Cosmetics Act and Rules. They argued that the qualification and experience mentioned in the advertisement given out by the union health ministry was against the clauses prescribed for the post in the D&C Act and Rules.
After hearing the petitioners, the Bombay High Court sent notices to both the union health ministry and the UPSC barring them from publishing the results of the interviews till the pendency of the case.
While the Bombay High Court has since vacated the stay, the matter is yet to come up in Madras High Court.
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