State rules cannot prescribe qualifications conflicting with Central rules regarding appointments, leading to the conclusion that qualifications related to experience are not valid for initial recruitment of Drug Inspectors.

JUDGMENT

Augustine George Masih, J. - For the reasons stated in the application, the same is allowed. Dr. Suresh Kumar son of Shri Dalip Singh is impleaded as respondent No.9, subject to all just exceptions. Amended memo of parties appended along with the application is taken on record. Registry is directed to place the same at appropriate stage of the case. Prayer in this application is for placing on record photocopy of a letter dated 08.09.2009 as Annexure A-1.

CM No.13562-CWP of 2021 CM No.13551-CWP of 2021

For the reasons stated in the application, the same is allowed. Copy of letter dated 08.09.2009 is taken on record as Annexure A-1, subject to all just exceptions.

Main Cases

A Division Bench of this Court had referred this matter in Krishan Kumar's case (supra) to the Larger Bench vide order dated 25.08.2021 leading to the constitution of this Bench. The said order dated 25.08.2021 reads as follows:-

'The petitioner has filed this writ petition under Article 226 of the Constitution for quashing the essential qualification as prescribed in advertisement dated 7.9.2015 (Annexure P-1) for appointment to the post of Drug Inspector (Drug Control Officer) further for quashing part of Serial No.11 Appendix B under Rule 7 of the Notification issued by Food and Drugs Administration Department, Haryana Government dated 13.11.2018 (Annexure P-10) (Haryana Food and Drugs Administration Department, Subordinate Office (Group-B) Service Rules, 2018) inter alia as the same is contrary to Rule 49 of the Drugs and Cosmetics Rules, 1945.

The impugned notification dated 13.11.2018 (Annexure P-10) was issued by Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India.

In A.B. Krishna v. State of Karnataka; (1998) 3 SCC 495, Hon'ble Apex Court observed as follows:

'5. Rule-making power, so far as services under the Union or any State, are concerned, are vested in the President or the Governor, as the case may be, under Article 309 of the Constitution which provides as under:-

'309. Recruitment and conditions of service of persons serving the Union or a State - Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.'

6. It is primarily the Legislature, namely, the Parliament or the State Legislative Assembly, in whom power to make law regulating the recruitment and conditions of service of persons appointed to public services and posts, in connection with the affairs of the Union or the State, is vested. The legislative field indicated in this Article is the same as is indicated in Entry 71 of Lis