JUDGEMENT
-
(1.) Leave granted.
(2.) The post of Graduate Pharmacist was required to be filled up in accordance with the mandate contained in the Karnataka Health and Family Welfare Department Services (Recruitment) Rules, 1965 (hereinafter referred to as the '1965 Rules'). The relevant rule dealing with the question of promotion to the post of Graduate Pharmacist under the 1965 Rules is being extracted hereunder:
By promotion from the cadre of Senior Pharmacist. If no suitable Senior Pharmacists are available for promotion, by deputation of an officer of Drugs Control Department from the Cadre of Drugs Inspectors and if no such person is available for promotion or deputation, by direct recruitment.
For promotion, deputation and direct recruitment:
1. Must be holder of a Degree in Pharmacy or a Post Graduation Degree in Chemistry with Pharmaceuticals as Special subject, of a university established by law in India of equivalent qualification.
2. Must have put in not less than two years of experience in administration or manufacturing establishment licenced under the Drugs and Cosmetics Act, 1940 (Central Act XXVII of 1940) or in teaching at a college of Pharmacy recognized by the Government. Preference will be given to persons possessing a Master's Degree in Pharmacy of a University established by law in India.
(3.) On 26.2.2009, the department of Health and Family Welfare notified the Karnataka Health and Family Welfare Department Services (Recruitment to Certain Posts) (Special) Rules, 2009 (hereinafter referred to as the 'Special Rules'). Rule 1 of the Special Rules is being extracted hereunder:
1. Title, commencement and application: (1) These rules may be called the Karnataka Health and Family Welfare Department Services (Recruitment to certain Posts) (Special) Rules, 2009.
2. They shall come into force from the date of their publication in the Official Gazette.
3. Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or in the Karnataka Health and Family Welfare Department Services (Recruitment) Rules, 1965 or any other rules of recruitment relating to the categories of posts specified in the Schedule made or deemed to have been made under the Karnataka State Civil Act. 1978 (Karnataka Act 14 of 1990) the provisions of these rules, shall apply to recruitment to fill 5021 number of vacancies specified in column (3) of the Schedule in respect of cadres specified in column (3) of the Schedule in respect of cadres specified in column (2) thereof by way of Direct Recruitment in the Karnataka Directorate of Health & Family Welfare Services as specified in the said Schedule;;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.