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J. K. MAHESHWARI, VIJAY BISHNOI
State of Haryana – Appellant
Versus
Krishan Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to state qualifications for drug inspector positions. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding jurisdiction over qualifications in the d&c act. (Para 6 , 7 , 8 , 15) |
| 3. the role of the central government in determining qualifications. (Para 10 , 11 , 16 , 21 , 30 , 32) |
| 4. doctrine of occupied field in legislative competency. (Para 22 , 35 , 45 , 50) |
| 5. final order dismissing appeals and quashing qualifications. (Para 70 , 71 , 72) |
JUDGMENT :
1. Leave granted.
3. These appeals arise from the proceedings in the State of Haryana and Karnataka respectively. Since there is a commonality of the facts and legal issues, they are being dealt with by this common judgment. For the sake of brevity, we are first dealing with the facts of the appeals from the State of Haryana, followed by those from the State of Karnataka.
4. In Civil Appeal Nos. 1725-1731 of 2023 and Civil Appeal Nos. 1732-1738 of 2023, the State of Haryana and the participants, both have challenged the final impugned judgment dated 09.09.2022 of the Full Bench of the High Court of Punjab and Haryana at Chandigarh in the letters patent appeal and connected civil writ petitions, whereby the High Court an
State governments cannot impose additional qualifications for Drug Inspectors as the field is occupied by Central legislation, rendering such state rules invalid.
The State can prescribe additional qualifications for Drug Inspectors beyond the minimum qualifications set by Central rules without contravening them.
A person who is appointed an Inspector under the Act shall be a person who has a degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialisation in Clinical Pharmacology or Microbiology....
(1) Appointment of Pharmacists – Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational – Rule 6(1) is Constitutionally valid.(2) ....
When the rules made by the Central Government under S. 213(4) and the statutory rules made under proviso to Art. 309 of the Constitution are construed harmoniously, there is no incompatibility or inc....
The court established that the State Government must create rules for the qualifications and duties of Inspectors under the Pharmacy Act 1948, as their roles are distinct from those under the Drugs a....
It is clear that for maintaining standards of education in schools, NCTE is now specifically empowered to determine qualifications of persons for being recruited as teachers in schools or colleges.
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
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