Even as the contempt of court petition against the appointment of Dr GN Singh as Drugs Controller General of India (DCGI) by the union health ministry is pending in the Supreme Court, a number of regulatory authorities in different states of the country are bracing themselves up to move court against the procedures to select the deputy drugs controller general of India under the new Recruitment Rule (RR) of the ministry.

According to sources, senior drug regulatory authorities in several states are preparing to file a string of cases in different high courts of the country challenging the union health ministry's decision to go ahead with the procedures in the appointment of deputy DCGI under the new RR of the ministry.

In their petitions, the drug regulators in the states, who have decades of experience in this field, will pray to the court to direct the union health ministry to rectify the RR for the post of Dy DCI with respect to qualification and experience as per Drugs and Cosmetics (D&C) 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 50A of 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.

As per the new RR, the applicant should possess a “graduate degree in pharmacy or pharmaceutical chemistry or in medicine with specialization in clinical pharmacology or microbiology from a recognized university established in India be law; postgraduate degree in pharmacy/pharmaceutical chemistry/biochemistry/chemistry/microbiology/pharmacology from a recognized university or equivalent; and 15 years experience in manufacture or testing of drugs in a concern of repute or enforcement of the provisions of the Drugs and Cosmetics Act, 1940 and Rules.”

However, the drug regulators argue 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  interviews for the post of Dy DCI are to be conducted between March 23 and 28.