State Government's Rule 8 Conflicts with Central Legislation, Future Selections to Adhere to Central Qualifications
In a significant judgment, the Allahabad High Court, in its Lucknow Bench, has declared Rule 8(ii)(a) to (c) of the U.P. Food and Drug Administration Department Gazetted Officers (Drug) Service (Third Amendment) Rules, 2015 as ultra vires. The Bench, comprising Justices Rajan Roy and Manjive Shukla, determined that these state rules conflict with the central legislation, specifically Rule 49 of the Drugs and Cosmetics Rules, 1945, which prescribes the qualifications for the post of Drug Inspector.
The case arose from a special appeal filed by the U.P. Public Service Commission challenging a previous order that quashed the selection process for the post of Drug Inspector advertised in 2016. The writ petitioners had challenged the vires of Rule 8 of the 2015 rules, contending that the state lacked the competence to prescribe qualifications for the post of Drug Inspector, which is governed by central legislation.
The court observed that the Central Government, under the Drugs and Cosmetics Act, 1940, holds exclusive authority to prescribe qualifications for Drug Inspectors. This authority is established under Section 21(1) and Section 33(2)(b) of the Act. The court emphasized that the state government's rule-making power under Article 309 of the Constitution is subordinate to central legislation. The judgment aligns with the Supreme Court's decision in the case of State of Haryana v. Krishan Kumar, affirming that state rules cannot override central rules where the central legislation occupies the field.
The court allowed selections completed under the contested state rules to stand, acknowledging the candidates' qualifications under both state and central criteria. However, it mandated that future and pending selections must conform to the central qualifications as prescribed by Rule 49 of the Drugs and Cosmetics Rules, 1945.
Furthermore, the court provided equitable relief to candidates who were previously excluded due to the ultra vires qualifications, allowing them to apply and participate in ongoing selection processes if they meet other recruitment conditions.
This judgment underscores the primacy of central legislation in areas governed by concurrent powers and reinforces the doctrine of occupied field, ensuring uniformity in qualifications for public posts like Drug Inspectors.
Bottom Line:
Rule 8(ii)(a) to (c) of the U.P. Food and Drug Administration Department Gazetted Officers (Drug) Service (Third Amendment) Rules, 2015 has been declared ultra vires as it conflicts with Rule 49 of the Drugs and Cosmetics Rules, 1945 and exceeds the competence of the State Government under the proviso to Article 309 of the Constitution of India.
Statutory provision(s): Article 309 of the Constitution of India, Section 21(1), Section 33(2)(b) of the Drugs and Cosmetics Act, 1940, Rule 49 of the Drugs and Cosmetics Rules, 1945.
