AIDCOC reminds AP PSC of annulment of recruitment of drug inspectors by various PSCs for not adhering to Rule 49

Chennai, September 26, 2022:

The All India Drug Control Officers Confederation (AIDCOC) has reminded the public services commission (PSC) of Arunachal Pradesh that the recruitment agency is bound to comply with the provisions of the Drugs and Cosmetics (D&C) Act while recruiting drug inspectors for the health and family welfare department under the government.

The federation has informed the PSC chairman that several state PSCs’ recruitment for drug inspector posts were annulled by high courts and central administrative tribunal for not adhering to the provisions of the D&C Act and the Rules.

Pointing out the court interventions in some states a few years ago for violations of laws passed by the government of India by some public services commissions, AIDCOC has reminded the AP PSC of the consequences if it proceeds with its present notification for selection of drug inspectors.
 
The PSC of Arunachal Pradesh on August 26 this year had published a notification calling for applications to fill up eight posts of drug inspectors for the health department. The notification included some qualifications which are not covered under the mandate of drugs and cosmetics act. Pharmabiz has reviewed the notification which says that either a degree in pharmacy or pharmaceutical chemistry with pharmaceutics  as a special subject from any recognized university or the associated diploma of the Institution of Chemist (India) by passing the examination with analysis of drugs and pharmaceuticals as one of the subject, or graduation in medicines or sciences of a university recognized for this purpose by the appointing authority and have at least one year postgraduate training in a laboratory under a government analyst or a chemical examiner or under the head of institution especially approved for the purpose by the appointing authority.

AIDCOC has informed the chairman of the PSC that the drug inspectors are appointed under Section 21 of the D&C Act 1940 and the norms are specified under Rule 49 of the D&C Rules 1945. The Rule 49 states that ‘a person who is appointed as an inspector under the act shall be a person who has a degree in pharmacy or pharmaceutical sciences or medicine with specialization in clinical pharmacology or microbiology from a recognized university. Further the candidate should have experience in the manufacturing industry or drug testing laboratory in the testing of substances specified in Schedule C’.
 
The federation says that the AP PSC has added additional qualification in the notification that persons who have the associated diploma of the Institution of Chemist (India) can also apply for the post. This is against the qualifications prescribed under the D&C Act. Further, AIDCOC finds that the PSC does not entail 18 months experience in industry or three years experience in inspections in firms specified in Rule 49 as eligible qualification criteria. The federation wanted the chairman of the PSC to correct the anomalies in the notification and issue a fresh one immediately.
 
Talking to Pharmabiz, Dr. Jayanta Kumar Chaudhari, president of the AIDCOC from Kolkata said his association has wanted the commission to review the matter and strictly adhere to the qualification prescribed under section 21 read with Rule 49. He said, in 2016 the Assam public services commission also issued a similar notification for the recruitment of drug inspectors. Finding non-compliance of provisions of the D&C Act, AIDCOC represented on the notification with relevant rule positions. Subsequently the notification was withdrawn by the Assam PSC.
 
Dr. Chaudhari further apprised the chairman of the Arunachal PSC that, a few years ago, the central administrative tribunal (CAT) and high courts of Kolkata and Karnataka had annulled the recruitment of drug inspectors made by the government of NCT of Delhi, government of West Bengal and the government of Karnataka for not adhering to Rule 49 of the D&C Rules 1945. He said the qualifications mentioned in the advertisement of the AP PSC cannot be considered as eligible qualifications for the post of drug inspector as per Indian drug laws. According to him, a drug inspector should be a competent person strictly possessing the necessary qualifications mandated by the act and the rules.
 
The president of the AIDCOC said the PSC should stop receiving applications until proper notification as per Rule 49 is issued. He said he is likely to visit Itanagar, the capital of Arunachal Pradesh, next week to discuss personally with the PSC chairman. The last date specified in the notification for receiving applications is September 30. PharmaBiz