In a major setback to the union health ministry's efforts to appoint the Deputy Drug Controller General of India (Dy DCGI) as per the new Recruitment Rules (RR) framed by the ministry last year, the Mumbai High Court has barred the union health ministry and the Union Public Service Commission (UPSC) from publishing the results of the interviews conducted by the government for the post of Dy DCGI recently.

According to sources, the Mumbai High Court was moved by some senior health ministry officials including Dr DK Chauhan, assistant drugs controller, Mumbai Port, challenging the ministry's decision to appoint the Dy DCGI as per the new RR which the officials contest is not in consonance with Rule 49(A) and 50(A) of the Drugs and Cosmetics Act (D&C).

Sources said that the Mumbai High Court has sent notices to both the union health ministry and the UPSC barring them from publishing the results of the interviews till the pendency of the case. The UPSC had conducted interviews for the post of Dy DCGI from March 23 and 28 this year.

In another related development on the same issue, a stay petition has been admitted in the Madras High Court today. The court has sent notices to the respondents UPSC. The stay petition in the Madras High Court was filed by Dilip Kumar, secretary, Tamil Nadu branch, Indian Pharmacy Graduates Association (IPGA) who had earlier challenged the health ministry's new Recruitment Rule in the Madras High Court on the plea that the ministry had tailor-made the new rules to fit its nominee in the post of DCGI.

The regulatory authorities are against the procedures to select the deputy drugs controller general of India under the new Recruitment Rule of the ministry and are challenging the ministry's decision to go ahead with the procedures in the appointment of deputy drugs controller general of India under the new Recruitment Rule of the ministry.

The petitioners wanted the court to direct the union health ministry to rectify the Recruitment Rules for the post of Dy DCI with respect to qualification and experience as per Drugs and Cosmetics Act and Rules. They argue that the qualification and experience mentioned in the advertisement given out by the union health ministry is against the clauses prescribed for the post in the D&C Act and Rules.

The drug regulators also argue that the posts of DCGI and Dy DCI should be manned by the competent persons possessing necessary qualification and experience strictly as prescribed under Rule 49A and 50Aof the D&C Rules.  The qualification and experience mentioned in the advertisement for the post of deputy drugs controller India is not as per these provisions.