Karnataka High Court is yet to admit the writ petition filed by Dr. K Premanand Shetty, former drugs controller, Government of Karnataka to oust the incumbent drugs controller, Dr. Suresh K Muhammad.

In a writ petition No. 2445 /2004, the petitioner is seeking the removal of the present drugs controller who is appointed by the Karnataka government through a notification dated June 12, 2003 under the Karnataka Health and Family Welfare Services (Drugs Control department, Non-teaching staff), Recruitment rules 2002 where the minimum qualification to hold the post of the drugs controller is the same as those specified under Rule 50 A of the Drugs and Cosmetics Rules, 1945.

The petitioner submitted that the post of the drugs controller is to discharge duties as a controller and a licensing authority. Under Rule 50 A, which specifies the qualification of the drugs controller states that only graduates in pharmacy or pharmaceutical chemistry or medicine with a specialization in clinical pharmacology or microbiology can be selected to the post. Further, he should have experience in manufacture or testing of drugs or enforcement of the provisions of the Act for a minimum 5-year period.

The present drugs controller is an officer of the Indian Police Service (IPS) who holds a degree in medicine (MBBS) and in management (MBA). But he has no experience in drugs manufacture or testing or exposure to the enforcement of the provisions of the D&C Act. Hence he does not qualify to be appointed to the post of drugs controller. On these grounds, the present drugs controller is not entitled to hold the post, the petition states.

The petitioner Dr. Premanand Shetty is retired from service in 1995 as the State drugs controller and is aware of the responsibilities and duties the post. Since the present drugs controller does not have the basic qualification for the post of drugs controller, he is aggrieved by the ineligible and unqualified appointment.

The petitioner further added that he is interested in the proper functioning of the Drugs Control department as the problems of adulterated drugs and also the production of spurious and sub-standard drugs has been causing serious health hazards in the state.