The Supreme Court has declined to admit the union health ministry's Special Leave Petition (SLP) on the interim stay order issued recently by the Madras High Court on the ministry’s recent order giving nine-month extension to the DCGI. The apex court has orally referred the case back to the Madras HC to settle it. The SLP was filed on Wednesday and the Apex Court observed that the matter was still sub judice under the High Court as it was an interim order, it is learnt.

The health ministry moved the Supreme Court seeking to vacate the interim stay order issued by the Madras High Court on July 20 this year on the ministry’s order in June this year giving nine-month extension to Dr Surinder Singh to continue in the position of the Drugs Controller General of India (DCGI).

Despite repeated attempts, senior officials in the health ministry were not available for comments and further details on the case. The offices of the Joint Secretary and the Under Secretary in charge of drugs in the Ministry maintained that the senior officials were still discussing the situation arising out of the development.

“The petition was filed by the respondents and hence we did not seek to enter the argument as the Court did not admit the petition,” a counsel of T K Ramalingasamy, who filed the petition in the Madras HC, told Pharmabiz.  The DCGI and the Government of India, represented through Secretary of Health, were the respondents in the case.

Ramalingasamy, a former regulatory officer of the Tamil Nadu Drugs Control Department, had filed the public interest litigation against the extension of the DCGI. The High Court bench comprising chief justice M Y Iqbal and Justice T S Sivanjaanam in its interim order made the extension given to Dr Surinder Singh null and void till further orders.

On June 8, 2011 the Government of India had extended the appointment of Dr Surinder Singh as DCGI until 31.3.2012. The DCGI’s deputation tenure was to expire on June 21, this year.