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MOHIT KUMAR SHAH
Mannu Kumar – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing of the important notice dated 13.03.2024, issued by the Examination Controller, Bihar Public Service Commission (hereinafter referred to as the “respondent-Commission”) in connection with the Drug Inspector Competition Examination (Advertisement No.09 of 2022), whereby and whereunder the petitioner has been declared ineligible for the post of Drug Inspector on the ground of not holding qualification as per the advertisement and has been directed to submit his objection on the issue of ineligibility. The petitioner has also prayed for declaring that the requisite qualification for being appointed as Drug Inspector, in terms of clause 5(1) of the Bihar Drugs Controller Cadre Regulation, 2014 (hereinafter referred to as “the Cadre Regulation, 2014”) is the same as provided for in Rule 49 of the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as “the Rules, 1945”), which provides that a person who is appointed as an Inspector under the Act shall be a person, who has a degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialization in Clinical Pharmacology or Microbiology from a University
(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) ....
The State can prescribe additional qualifications for Drug Inspectors beyond the minimum qualifications set by Central rules without contravening them.
State governments cannot impose additional qualifications for Drug Inspectors as the field is occupied by Central legislation, rendering such state rules invalid.
Recruitment Rules cannot be at variance with the Regulations prescribed by the Pharmacy Council of India for essential qualifications for appointment as a Pharmacist.
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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