By the Court.—On 11 February 2011, a Division Bench of this Court made a reference to the Full Bench of the following questions:

(1) Whether the experience required in the proviso to Rule 49 of the Drugs and Cosmetics Rules, 1945 is only a bar of authorization to inspect the manufacture of substances, or is an essential qualification under Rule 49 for direct appointment as Drug Inspector under Rule 5 (4) of the U.P. State Drug Control Gazetted Officers’ Service Rules, 1995.

(2) Whether the Division Bench judgment in State of U.P. v. Zunab Ali and others, Special Appeal No. 804 of 2010, decided on 29th November, 2010, has been correctly decided.

2. This reference requires an interpretation of the provisions of the Drugs and Cosmetics Act, 1940 and of Rule 49 of the Drugs and Cosmetics Rules, 1945.

3. For direct recruitment of Drug Inspectors under the U.P. State Drug Control Gazetted Officers’ Service Rules, 1995, the essential qualifications prescribed in the advertisement dated 10 October 2009 were a degree in Pharmacy or Pharmaceutical Sciences or Medicine with specialization in Clinical Pharmacology or Microbiology from a University established in India by law. On 9 July