O.A. No. 1415/2009, M.A. No. 964/2009, M.A. No. 2364/2009. Case: 1. Atul Kumar Nasa; 2. Dr. Ajay Sachan Vs 1. Union of India and Others, Through its Secretary of Ministry of Health & Family Welfare, 2. Secretary, Union Public Service Commissions. Central Administrative Tribunal
|Case Number:||O.A. No. 1415/2009, M.A. No. 964/2009, M.A. No. 2364/2009|
|Party Name:||1. Atul Kumar Nasa; 2. Dr. Ajay Sachan Vs 1. Union of India and Others, Through its Secretary of Ministry of Health & Family Welfare, 2. Secretary, Union Public Service Commissions|
|Counsel:||M. K. Bhardwaj, J. B. Mudgil|
|Judges:||Shanker Raju (Judicial Member) & Veena Chhotray (Accountant Member)|
|Issue:||Drugs and Cosmetics Act, 1940|
|Judgement Date:||February 02, 2010|
|Court:||Central Administrative Tribunal|
Dr. Veena Chhotray (Accountant Member), (Principal Bench, New Delhi)
The applicants, two in number, are aggrieved at not being issued call letters to appear in the interview for the post of Dy. Drugs Controller (India) in the Central Drugs Standardization Control Organization (CDSCO) under the Ministry of Health and Family Welfare. As per the applicants, they were not issued any call letters despite meeting all the eligibility conditions as prescribed in the relevant advertisement. They are further aggrieved by the allegedly discriminatory action on the part of the Respondent No.2, the UPSC, in calling lesser qualified candidates by ignoring the applicants.
By way of relief, the OA seeks a direction for allowing the applicants to appear in the interview and for being considered for appointment consequent upon their selection. As an omnibus clause passing of any further orders deemed fit in the circumstances has also been sought. Allowing the prayer for interim relief, the Tribunal vide its order dated 22.5.2009 directed the respondents for allowing the applicants to be interviewed provisionally on the scheduled date of interview subject to the decision in the OA. This interim direction of the Tribunal has been complied with.
Subsequently two MAs have also been filed in this case. MA No.964/2009 is for joining together both the applicants, which considering the identical cause of action, is being allowed hereby. The MA No.2364/2009 is by way of amendment in the OA making further averments with regard to the contention of several candidates being called for interview despite their allegedly not fulfilling the eligibility conditions and referring to some specific cases in this context. On behalf of the respondents 1 and 2 a short counter affidavit has been filed on 6.8.2009; besides subsequent to the MA No.2364/2009 a detailed counter affidavit on behalf of UPSC (Respondent no.2) has also been filed on 13.1.2010.
On behalf of the applicants, learned counsel Shri M.K. Bhardwaj and for the respondents the learned counsel Shri J.B. Mudgil would appear before us and make their respective submissions.
3.1 The brief facts of the case are that the UPSC vide advertisement dated 24.5.2008 had advertised for recruitment to three posts of Dy. Drugs Controller (India) in the CDSCO under the Directorate General of Health Services, Ministry of Health & Family Welfare. Of these three posts, one was a permanent post reserved for OBC candidate and the remaining two posts (1 permanent and 1 temporary) were for unreserved category. The prescribed qualifications were as follows:-
(c) Essential Qualifications:
Master's Degree in Chemistry/Pharmaceutical Chemistry/ Bio-Chemistry/ Pharmacy/ Pharmacology of a recognized University or equivalent.
12 years' experience in dealing with problems connected with drugs standardization and control of drugs standards or in the manufacture or testing of drugs.
(d) Desirable Qualifications:
Experience of administration of Drugs & Cosmetics Act and the Rules there under and/or of manufacture and testing of drugs and / or dealing with problems connected with import and export of drugs.
3.2 The applicant no.1 belongs to the general category and the applicant no.2 to the OBC category. Both the applicants had applied for the posts within the time limit prescribed and the receipts of their applications had been duly acknowledged. The applicants are directly recruited Drug Inspectors through the UPSC and as per the averments in the OA, they were the toppers of...
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