Appeal by Special Leave from the Judgment and Order decree dated the 30 1 1975 of the Patna High Court in W. J. C. No.
602 of 1975 is filed by original respondent 7 while Civil Appeal 603 of 1975 is filed by original respondents 4 to 6 to the Writ Petition.
The High Court allowed the writ petition and quashed the appointments of the appellants on the ground that they did number have the requisite qualification for appointment as Drugs Inspectors.
The Government of Bihar in its Health Department advertised through the Bihar Public Service Commission 12 vacancies of Inspectors of Drugs.
The Public Service Commission held interviews in April, 1972 and selected the appellants amongst others.
Twenty candidates applied for the posts out of whom 13, including respondent 1, were Pharmacy Graduates while 7 including the appellants, were Science Graduates.
1 In both appeals .
The appointments of the appellants were challenged by respondent 1 on the sole ground that they were number qualified to be appointed as Drugs Inspectors.
P. Singh and U. P. Singh for Respondent No.
The Judgment of the Court was delivered by CHANDRACHUD, J. These appeals by special leave arise out of a judgment of the Patna High Court in a writ petition filed by the 1st respondent under articles 226 and 227 of the Constitution challenging the appointment of the appellants as Drugs Inspectors.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Respondent 1 was rejected on the ground that he was number suitable for the post.
Rule 49 of the Drugs and Cosmetics Rules, 1945 framed by the Government of India in the Ministry of Health, prescribes qualifications for the post of a Drugs Inspector.
It appears that the Government of Bihar through the Health Department used to send science graduates for training under the Government Analyst.
602 and 603 of 1975.
The certificate issued by Dr. S. B. Lal shows that Srivastava worked under him and had been trained for more than three years in the Bihar Drugs Control Laboratory.
He was appointed as a Senior Scientific Assistant in the Bihar Drugs Control Laboratory on December 23, 1966 where he worked under Dr. Sheo Bihari Lal, who was the Government Analyst in charge of the Bihar Drugs Control Laboratory.
Civil Appeal No.
2 In C. A. 603 and Respondents 2 and 3 In C. A. 602 .
Dr. J. K. P. Sinha who was then the Deputy Director of Health Services, Bihar and who assisted the Public Service Commission as a Technical Expert when the interviews for the particular posts were held, obviously took the view that the appellants who were science graduates satisfied the further test of post graduate training for number less than one year.
C. Misra and U. S. Prasad for respondent No.
These facts make it impossible to accept the companytention that the appellant had number received any systematic training.
A letter written by Dr. Lal to the Deputy Director of the Health Services, Bihar on December 22, 1970 shows that during his absence on leave, Srivastava was to hold charge of the Bihar Drugs Control Laboratory.
Bishan Narain, S. N. Misra, S. S. Jauhar and A. K. Sinha for Appellants in C. A. 603/75.
502 of 1973.
S. Desai and S. N. Prasad for Appellants in C.A. 602/75.
