The continuing uncertainty over the extension of tenure of Drug Controller General of India (DCGI), created by the Madras High Court's interim order dated July 20 staying the 9-month extension given by the union government, will end on August 2 as the Madras High Court has reserved its order on the issue for August 2.

After hearing the views of both the petitioners and the respondents in the case, filed by a retired drug regulatory officer of Tamil Nadu, the court did not pronounce the final verdict, but decided to reserve the order for tomorrow. The court has also not vacated the interim stay order despite request from the side of the government counsel.

Following the interim stay by the Madras high court last month, the union health ministry had approached the Supreme Court on June 28 with a special leave petition to vacate the stay order. But the apex court declined to admit the SLP and referred the case back to the Madras high court for a final settlement.

When the case came up for hearing on August 1, the first Bench comprising chief justice M Y Iqbal and Justice T S Sivanjaanam, reserved the order on the matter after hearing arguments of Advocate P T Asha from Sarvbhouman Associates, who appeared on behalf of the petitioner and Additional Solicitor General of India, Mohan Parasaran, who defended the government. Senior Counsel P S Raman appeared for the fifth respondent, Dr Surinder Singh. The Bench said the final verdict on the case would be pronounced later.

The Additional Solicitor General has requested the court to vacate the interim stay order it issued on July 20. But the court did not make any comment on that. The senior counsels have argued that the government has the power to extent the service period of the DCGI. Counsel P S Raman argued that Dr Surinder Singh has all the merits and qualities to serve as the supreme drug regulator of the country. In his argument he said a remarkable change has happened in the regulatory affairs of the county while Dr Singh was the DCGI.

While countering the arguments on the reasons for differing with the government’s decision to extent the term, Advocate P T Asha said there is a government order (GO) passed by the central government that the period of deputation of a government servant should not exceed beyond five years. She said Dr Singh has already completed five years on deputation.