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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 :
J.K. MAHESHWARI, J.
1. Leave granted.
2. The present batch of appeals concerns the challenge to the power of the State Government to prescribe the essential qualifications different from the qualification prescribed by the Central Government under Rule 49 of the Drug Rules, 19451 [As amended by (Amendment) Rules, 2025] (in short, ‘Drug Rules’) framed in exercise of the power under Sections 6 (2), 12, 33 and 33N2 [Chapter IVA – Provisions relating to [Ayurvedic, Siddha and Unani] Drugs] of the Drugs and Cosmetics Act, 1940 (in short, ‘D&C Act’) for appointment to the post of Drug Inspector (in short, ‘DI’), or Drug Control Officer (in short, ‘DCO’).
3. These appeals arise from the proceedings in the State of Haryana and K
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.
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