In a major embarrassment to the Government of India, the Madras High Court has stayed until further orders the Union health ministry's recent order in which it had given nine months extension to Dr Surinder Singh to continue in the position of Drugs Control General of India (DCGI).
Hearing a public interest litigation (WP 15607/2011) filed by T K Ramalingasamy, a former regulatory officer of the Tamil Nadu Drugs Control Department, the High Court bench comprising chief justice M Y Iqbal and Justice T S Sivanjaanam in its interim order made the extension given to Dr Surinder Singh null and void till further orders.
On June 8, 2011 the Government of India had extended the appointment of Dr Surinder Singh as DCGI until 31. 3. 2012. The DCGI’s deputation tenure was to expire on June 21, this year.
According to Advocates from Sarvabhouman Associates who have appeared before the court on behalf of the petitioner, the DCGI cannot continue in his position until a further order from the court, and the government has to give the charge to somebody else for the time being. Additional solicitor general of India, M Ravindran has appeared in the court on behalf of the DCGI.
The advocate of the petitioner said that the case regarding the appointment of the DCGI was pending with the court when the extension order was issued. So the extension given by the government without the permission of the court becomes sub judice.
The petitioner has argued in his petition that while appointing Dr Surinder Singh as DCGI, the Government of India and the Union Public Service commission had not followed all the provisions of Drugs & Cosmetics Act and Rules. He prayed to the court to direct an inquiry into the selection process of Dr Surinder Singh and pleaded for framing of rules for the selection and appointment of candidates for the DCGI post.
On June 14, the Government of India issued a gazette notification that the appointment of DCGI can be done through on deputation basis. This was the mode of appointment the government followed at the time of appointing Dr Surinder Singh.