The State can prescribe additional qualifications for Drug Inspectors beyond the minimum qualifications set by Central rules without contravening them.

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 Pradesh Food and Drug Administration Department, Gazette Officers (Drugs) Service Rules, 1995 introduced vide notification dated 18.11.2015 as contained in Annexure No.-1 to this writ petition.

(ii) issue a writ order or direction in the nature of certiorari quashing the qualifications prescribed under Clauses 2(a) to (c) of Serial No. 4 under the heading Academic Qualifications for the post of Inspector of Drugs of the advertisement dated 22.12.2025, as contained in Annexure No.-2 to this writ petition.

(iii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to allow the petitioners to apply for appointment to the post of Drug Inspector in pursuance to the advertisement no. No. D-6/E-1/2025 dated 22.12.2025

(iv) issue a writ order or direction in the nature of mandamus commanding the opposite parties to make appointment to the post of Drug Inspectors on the basis of qualifications prescribed by the Central Government under Rule 49 of the Rules the Recruitment Rules of 2025."

3. It has been submitted by the learned Counsel for the petitioners that the petitioners were intending to apply for selection and appointment as Drug Inspectors and an advertisement in this regard has been issued on 22.12.2025, describing the qualifications for the post. However, such qualifications are in contradiction to the provisions of Section 33N(2)(b) of the Act and Rule 49 of the Rules of 1945. Therefore, this petition has been filed with the aforementioned prayers.

4. Learned Counsel for the petitioners has submitted that under Section 33N of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940'), the Central Government has the power to make rules for the purpose of giving effect to the provisions of the Chapter and under sub- section (2)(d), it can prescribe the qualifications and duties of Government Analysts and the qualifications of Inspectors. The Central Government has made the Rules of 1945 with regard to the qualifications of Inspectors.

5. Learned Counsel for the petitioners has referred to Rule 49, which provides that a person may be appointed as an Inspector under the Act if he has a Degree in Pharmacy or a Degree in Pharmaceutical Sciences or a Degree in Medicine with specialization in Clinical Pharmacology or Microbiology from a University established in India by law.

6. In the proviso to the said Rule, the Drug Inspectors who may be authorized to inspect the manufacture or may be authorized to test or inspect the firm's manufacturing substances in Schedule C of the Act and the Rules have been given, which require 18 months' experience in the respective domain.

7. It has been submitted by learned Counsel for the petitioners that a Full Bench of this Court in Civil Miscellaneous Writ Petition No. 46079