HC scraps extra qualification rule for drug inspector post

Lucknow: The Lucknow bench of Allahabad high court has declared a part of state govt’s rules for drug inspector recruitment as unconstitutional.The court held that govt cannot not impose additional qualifications when central govt has already enacted a law on the subject. A bench of Justice Rajan Roy and Justice Manjeev Shukla passed the order on the special appeal filed by the Uttar Pradesh Public Service Commission (UPPSC) and the writ petition filed by the candidates, while hearing them jointly.The court struck down the additional experience requirements for the post of Drug Inspector under Rule 8 of the UP Food and Drug Administration Department Gazetted Officers (Drugs) Service (Third Amendment) Rules, 2015. The court stated that the qualifications for this post were already prescribed under the Drugs and Cosmetics Act, 1940, and the Drugs and Cosmetics Rules, 1945. made under it by the Central govt.The bench clarified that the central law comprehensively covered this area and, therefore, rules made by state govt cannot contradict. Citing the Doctrine of Occupied Fields, the court said that only central govt has the authority to make rules on this subject.However, the court refused to quash the previous recruitments. It held that the selected candidates possessed the basic qualifications prescribed by central govt and had been in service for many years, so it would not be appropriate to remove them.The bench directed that all future recruitments should adhere only to the qualifications prescribed by central govt. It further said that the petitioners, who were not previously eligible to participate in the recruitment process, would be given the opportunity to apply in the ongoing 2025 selection process.