Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Questions of equivalence Essential eligibility qualification judicial review Service Law Asstt. Commissioner (Drugs) and Drug Inspectors |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Drugs and Cosmetics Act, 1940 (23 of 1940) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Essential eligibility qualification – For appointment to the posts of Asstt. Commissioner (Drugs) and Drug Inspectors – Practical experience in manufacturing and testing of drugs along with academic qualification were essential qualifications for appointment– Practical experience in research and development laboratory was a desirable qualification – Respondents-candidates holding the desirable experience were declared ineligible for consideration –State Administrative Tribunal held that the experience of manufacturing or testing in research and development laboratory could not be termed as essential qualification for the appointment– High Court reversing the order of Tribunal held that research experience would also count as eligibility condition – Appeal to Supreme Court, held: It is for the employer to decide eligibility conditions for appointment – The court in the garb of judicial review cannot lay down the conditions of eligibility by an interpretive rewriting of the advertisement – Questions of equivalence will also fall outside the domain of judicial review – Experience of testing of drugs in a research and development laboratory cannot be said to be at par with the testing done at the time manufacture – Judicial Review – Drugs and Cosmetics Act, 1961 – s.3(f). |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2019 INSC 622 |
Petitioner | The Maharashtra Public Service Commission Through Its Secretary |
Respondent | Sandeep Shriram Warade And Others |
SCR | [2019] 7 S.C.R. 94 |
Judgement Date | 2019-05-03 |
Case Number | 4597 |
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