The State has the authority to prescribe conditions for educational qualifications and experience for higher posts, and the qualifications for a specific post may encompass those for another related post.

Deepak Gupta, J.

By means of this writ petition, the petitioner has challenged the constitutional validity of the Recruitment Rules for the post of Senior Scientific Officer on the ground that they are violative of the stipulations laid down under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as “the Act”). The petitioner has also prayed for quashing of the Advertisement (Annexure-2) whereby applications have been invited for filling up the post of Senior Scientific Officer by direct recruitment.

2. The case of the petitioner is that the Senior Scientific Officer performs the jobs of Government Analyst and, therefore, the appointment of Government Analyst being governed by statute, i.e. the Drugs and Cosmetics Act, there can be no qualifications other than those prescribed under the Act.

3. On the other hand, it is urged on behalf of the State that the post of Senior Scientific Officer is not the post of Government Analyst. According to the State, this is a post created by the State in exercise of the powers vested in it under Article 309 of the Constitution of India. The further case of the State is that the State may appoint either a Junior Scientific Officer or a Senior Scientific Officer, as the case may be, as Government Analyst. According to the State, when a notification is issued appointing such an officer as Government Analyst, at that stage it has to ensure that the said officer is qualified to hold the post of Government Analyst.

4. The Drugs and Cosmetics Act, 1940 defines “Government Analyst” as follows:-

“3(c). “Government Analyst” means—

(i) in relation to Ayurvedic, Siddha or Unani drug, a Government Analyst appointed by the Central Government or a State Government under section 33F; and

(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under section 20;”

5. Thus, the Act contemplates of two different types of Government Analyst; one appointed under section 33F who shall be the Government Analyst appointed in relation to Ayurvedic, Siddha or Unani drugs and the other Government Analyst appointed under section 20 who have the powers in relation to all other drugs.

6. Reference may also be made to Sections 20 and 33F which read as follows:-

“20.Government Analysts.— (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas in the state and in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notifications.

(2) The Central Government may also, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government under which he is serving.

(4) No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a Government Analyst under sub-section (1) or sub-section (2) of this section.

33F. Government Analysts.—(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas as may be assigned to them by the Central Government or the State Government, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government unde