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Even as the controversy over the appointment of Dr Surinder Singh as the DCGI continues even after three years, the All India Drug Control Officers’ Confederation (AIDCOC) has decided to file a writ petition in the Madras High Court challenging the authenticity of the advertisement given by the health ministry for the appointment of next DCGI.
Accusing the health ministry that its advertisement was in gross violation of the provisions of Drugs and Cosmetics Act (D&C Act) and a deliberate attempt to favour some vested interests, AIDCOC national secretary general Ravi Udaya Bhaskar said that the ad carries qualifications and eligibility in addition to the prescribed qualifications in the D&C Act.
“The government’s intention is suspicious as it wanted to appoint its own candidate to the post of DCGI. This has to be questioned. The advertisement has been drafted in such a way that it suits its candidate only. We want the Act to be implemented properly. So we are going to the court. All the violations will be questioned. This time we are fighting against the content of the advertisement,” Udaya Bhaskar said.
As per the Act the required qualification for the Licensing Authority (DCGI being Central Licensing Authority) is a degree in pharmacy, pharmaceutical chemistry or degree in medicine with specialization in clinical pharmacology or microbiology from a University established in India by law. But the qualifications given in the advertisement is not in consonance with Rule 49(A) and 50(A) of the D&C Act.
He said the qualification clause in the D&C Rules does not demand a post graduate in Chemistry for DCGI post. The advertisement seeks applications from those who are possessing post graduate degree in chemistry, biochemistry and pharmaceutical chemistry in addition to the prescribed qualifications in the Act. The experience prescribed in advertisement is also in violation of the experience norms stipulated in the drugs and cosmetics rules, he alleged.
Earlier the Confederation wanted the Union Health Ministry and the Union Public Services Commission to stay the process of filing applications to the post of Drug Controller (India) through deputation or promotion as prescribed in the advertisement (GSR - 452 E) dated 14.6.2011 as it contains anomalies which need to be rectified.
Earlier, Dr Singh’s appointment was challenged in the Madras High Court by a former regulatory officer of the Tamil Nadu drugs control department alleging that his appointment was in violation of the norms of D&C Act. Following this, the court had granted him three months to continue which expires on the 30th of this month.
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