In a severe blow to the current practice of the various state governments to appoint non-pharmacy persons as administrative heads of drugs control departments in several states, the Central Administrative Tribunal (CAT) has, in a recent order, quashed the appointment of Delhi Drugs Controller by the government of National Capital Territory of Delhi.
Acting upon a complaint registered by one of the senior drug regulatory officials of the state department, the CAT asked the government to remove the non-qualified person with immediate effect. It also wanted the Union Public Service Commission (UPSC) to fill up the post by selecting a qualified person within three months. The administrative heads of drugs control departments in states like Karnataka, Andhra Pradesh, Maharashtra and Madhya Pradesh are all non-pharmacy persons.
As per the Drugs and Cosmetics Act 1940, only a pharmacy graduate can head the drugs control department and/or issue drug licenses. However, state governments have on many occasions, limited the role of the professional to that of a licensing authority and placed IAS officers/medical doctors as administrative head of the department. The CAT decision has come as a strong indication against the illegality of such appointments.
Close to the heels of CAT decision, the government of West Bengal has decided to stop the practice of asking non-technical person to head the drugs control department of the state. The WB government has already called for applications from pharmacy professionals to fill up the vacancy through state Public Service Commission, it is learnt.
According to All India Drugs Control Officers Confederation sources, the AIDCOC has already filed a petition in the Court of Law against this practice of acting against the principles of the Central Act.
Commenting on the CAT decision, the AIDCOC office bearers said: "If head of the department is a non-technical man, it affects the total functioning of the department. He will never understand our problems, our infrastructure needs. There are non-technical heads in many states like Karnataka, Maharashtra, Andhra Pradesh etc. Their appointments can also be challenged if one applies the same yardstick as that was considered in the case of Delhi state", they said.
In a related incident, as reported by pharmabiz earlier, the Bangalore Chemists and Druggists Association has also approached Karnataka High Court challenging the appointment of the current state drugs controller terming his selection was a violation of the Rule 50 A of the D&C Act.
With UPSC inviting applications for the post of the Drugs Controller in Delhi, stage is set for others also to protest against the practice, which professionals consider to be against the spirit of the existing laws.