The controversial DCGI case pending in the Madras High Court against the appointment of DCGI as per the new Recruitment Rule (RR), framed by the Union health ministry in June 2011, has entered final stage. The final hearing in the case will be held any time now and a judgment is expected shortly, it is learnt.

According to sources, this much delayed high decibel case was supposed to come up for final hearing in the Madras High Court on February 5, as it was listed for that day. But the case did not come up so far and it may come up for hearing any time now. It will be the final hearing and the court may pronounce its judgment very shortly as the case is already very delayed, sources said.

Earlier in July last year, the Supreme Court, while disposing of the contempt of court petition filed against the appointment of Dr GN Singh as DCGI, had directed the Madras High Court to decide the DCGI case pending there preferably in two months' time. But, the court could not decide on the case so far for several reasons including the government's request for more time to reply.

The case challenging the appointment of DCGI as per the new Recruitment Rule framed by the union health ministry was filed in the Madras High Court by Dilip Kumar, secretary of the Tamil Nadu branch Indian Pharmacy Graduates Association (IPGA).

The bone of contention between the government and the petitioner is the heath ministry's new recruitment rule. The IPGA secretary had challenged the health ministry's RR on the plea that the ministry has tailor-made the new rules to fit its nominee in the post of DCGI. As per the D&C Act, the required qualification for the post of DCGI 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 petitioner argues that the qualifications framed in the new RR is not in consonance with Rule 49(A) and 50(A) of the D&C Act. The qualification clause in the D&C Rules does not demand a post graduate in Chemistry for DCGI post. But, the RR 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.