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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SANGEETA CHANDRA, AMITABH KUMAR RAI
Deepak Kumar – Appellant
Versus
State Of U.P.Thru. Prin. Secy. Deptt. Of Food Safety And Drug Administration Govt. Of U.P. – Respondent
| Table of Content |
|---|
| 1. introduction of case and parties involved. (Para 1 , 2) |
| 2. argument regarding qualifications for drug inspectors. (Para 3 , 4 , 5 , 6 , 7 , 8 , 11) |
| 3. contradictions in qualifications outlined. (Para 9 , 10) |
| 4. respondent's legal argument on qualifications for drug inspector. (Para 12 , 13 , 14) |
| 5. judicial analysis of legislative provisions. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. court's refusal to apply full bench decision. (Para 26 , 27 , 28 , 29) |
| 7. amendment impact on previous rulings. (Para 30 , 31 , 32) |
| 8. prescribing qualifications for recruitment. (Para 33 , 34 , 35) |
| 9. state's authority to set additional qualifications. (Para 36 , 37 , 38) |
| 10. final ruling on rule 8's legality. (Para 39 , 40) |
| 11. conclusion of the judgment. (Para 41 , 42) |
JUDGMENT :
1. Heard learned Counsel for the petitioners, who are 33 in number, learned Standing Counsel, who appears on behalf of the State respondents, and Sri Raj Kumar Upadhyaya, learned counsel appearing on behalf of the respondent no.2.
2. This petition has been filed with the following main prayers:-
"(i) issue a writ order or direction in the nature of mandamus declaring ultra vires the Rule 8 of "Uttar Pra
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.
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....
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.
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....
(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) ....
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