ORDER

1. Delay condoned, looking to the facts and circumstances of the case.

2. Application for arraying proforma respondent Nos. 5 & 6 as appellant Nos. 3$4 is allowed.

3. Leave granted in S.L.P. (C) No. 3685/ 1998.

4. Both these appeals challenge the appointment of respondent No.3, Dr. Harpal Singh. as the State Drug Controlling Authority under a Notification dated 18.3.1996.

5. Rule 50-A of the Rules framed under the Drugs and Cosmetics Act, 1940 prescribes qualifications of a Controlling Authority. Rule 50-A of the Drugs and Cosmetics Rules, 1945 is as follows:

"Rule 50-A: Qualifications of Controlling Authority :_

(I) No person shall be qualified to be a Controlling Authority under the Act unless:-

(i) he is a graduate in pharmacy or Pharmaceutical Chemistry or in Medicine with specialisation in Clinical Pharmacology or Microbiology from a University established in India by law: and

(ii) he has experience in the manufacture or testing of drugs or enforcement of the provisions of the Act for a minimum period of five years;

Provided that the requirements as to the academic qualifications shall not apply to those Inspectors and the Government Analysts who were holding those posit