Ashok Kumar Mathur, C.J. - (1.) This is a public interest litigation whereby the petitioner has prayed that the respondent/State should be directed not to give effect to the Notification No. HF/O/MA(MES)/3075/DS-7/01 dated 27th August, 2001 and Notification No. HF/O/MA(MES)/3133/DS-7/01 dated 29th August, 2001.
(2.) By Notification dated 27th August, 2001 Prof. Pijush Kanti Sarkar, presently employed as Professor of Pharmacology, School of Tropical Medicine, Kolkata was directed to act until further orders as Director, Drug Control, West Bengal in addition to this own assignment he is presently holding. By another Notification dated 29th August, 2001, the earlier Notification dated 27th August, 2e() I and the corrigendum dated 28th August, 2001 was cancelled. The Notification dated 29th August, 2001 reads as under:- "In cancellation of this department notification No. HF/O/MA(MES)/3075/ DS-7/01 dated 27.8.2001 read with corrigendum No. HF/O/MA(MES)/3114/ DS-7/2001 dated 28.8.2001 the Governor is pleased to appoint Prof. Pijush Kanti Sarkar of SBMES now employed as Professor of Pharmacology and part time Director of School of Tropoical Medicine, Kolkata to act until further orders as Director, Drug Control, West Bengal, in addition to his own assignment he is presently holding. Professor P.K. Sarkar shall function as Licencing authority and controlling authority for the State of West Bengal as laid down in the Drug and Cosmetics Act, 1940 and the Rules, 1945." The petitioner has further prayed that the concerned authority may be directed to appoint another person having the requisite qualification to the post of Director, Drugs Control in compliance with the provisions of Drugs and Cosmetics Act, 1940 and Drug and Cosmetics Rules, 1945 without any further delay.
(3.) The petitioner is a practicing lawyer of this Court, who has brought this cause and submitted that Professor Sarkar does not answer all the qualification which are necessary to be appointed as Director, Drug Control. Therefore, his appointment should be set aside and direction should be given to make a regular appointment to the post of Director, Durgs Control, West Bengal.;