Rajesh Kumar Sinha vs The State Of Bihar
2022 Latest Caselaw 4199 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.15897 of 2019
     ======================================================

1. Rajesh Kumar Sinha Son of Shri Krishna Kant Prasad Sinha Resident of Mohalla-Hindpiri, 1st Street, P.O. and P.S.-Hindpiri, District-Ranchi (Jharkhand). At present posted as Drugs Inspector, Patna-1 and presently residing at Flat No. B-103, Moti Apartment, Ramjaipal Road, Near Dr. B.R. Ambedkar Dental College, P.O.-Dr. B.R. Ambedkar Dental College, P.S.- Rupaspur, Danapur, District-Patna, Pin Code-801503

2. Chandra Kant Jha Son of Late Kali Jha, Resident of Village-Kakroul, Police Station-Rahika, District-Madhubani

3. Prabhat Kumar Choudhary, Son of Late Nawal Kishore Choudhary, R/o Mohalla-Kaliwari, Post Office-Kaliwari, Police Station-Kanti, District- Muzaffarpur

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna

2. The Principal Secretary Health Department, Government of Bihar, Patna

3. The Joint Secretary Health Department, Government of Bihar, Patna

4. The In-Charge State Drug Controller Bihar, Patna

5. The Principal Secretary Department of Personnel and Administrative Reforms, Government of Bihar, Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Harshwardhan Sahay, Advocate For the Respondent/s : Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-08-2022 Heard learned counsel for the parties.

Petitioners have prayed for following reliefs:-

"(I) To declare or hold that Rule 4(2) as far as the State Drugs Controller is concerned read with Rule 2 (xvi) of the Bihar Drug Control Cadre Rule, 2014 is violative of Rule Patna High Court CWJC No.15897 of 2019 dt.02-08-2022

2(X) of Bihar Drug Control Cadre Rule 2014 read with Rule 50-A of the Drug & Cosmetics Rules, 1945 and Article 16(1) of the Constitution of India.

(ii) For directing the respondents to frame Recruitment Rule for appointment of State Drug Controller.

(iii) For any other relief/reliefs for which the petitioner is entitled under law as well as on facts."

Shri Pawan Kumar, AC to learned Advocate General,

under instruction states that vide impugned Cadre Rule,

namely, Bihar Drug Control Cadre Rule, 2014 (Annexure 7,

Page 29), the provisions of the Drugs & Cosmetic Rules, 1945

and more specifically Rules 50 and 50A have not been done

away with. He further adds that it is the stand of the department

that only such of those persons, who fulfill the eligibility criteria

prescribed under the said Rule, would be eligible for promotion

under and in terms of the impugned cadre Rules, namely, Bihar

Drug Control Cadre Rule, 2014 ( Annexure 7, Page 29).

In this view of the matter, we do not find the

challenge to Rule 4(2) and Rule 12 of the aforesaid Cadre Rule,

2014 to be in any manner, repugnant to the present statute i.e.

the Rules or the Constitution of India.

Patna High Court CWJC No.15897 of 2019 dt.02-08-2022

As such, we do not find any merit in the petition and

is, accordingly, dismissed.

Interlocutory Application(s), if any, stands dismissed.

                                                 (Sanjay Karol, CJ)


                                                     ( S. Kumar, J)


Sanjay/- Ranjan
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.08.2022
Transmission Date       NA