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2025 Supreme(SC) 510

VIKRAM NATH, SANDEEP MEHTA
Chandra Shekhar Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Anup Kumar, AOR Mr. Vishnu Prabhakar Pathak, Adv. Ms. Shruti Singh, Adv. Ms. Pragya Chaudhary, Adv. Mr. Awanish Gupta, Adv. Mrs. Neha Jaiswal, Adv. Mr. Shivam Kumar, Adv.
For the Respondent(s): Mr. Jayant Mohan, AOR Mr. Himanshu Shekhar, AOR Mr. Parth Shekhar, Adv. Mr. Shubham Singh, Adv. Mrs. Revathy Raghavan, AOR

Judgement Key Points

What is the exclusive domain regarding the prescription of qualifications for Food Safety Officers under the Food Safety and Standards Act? What are the rights of candidates holding Master's or Doctorate degrees in subjects like Microbiology or Food Technology regarding appointment as Food Safety Officers? What is the legal interpretation of the term 'degree' when used in recruitment advertisements under the University Grants Commission Act?

Key Points: - The Food Safety and Standards Act does not permit the State Government to prescribe qualifications for Food Safety Officers; this power lies exclusively with the Central Government (!) (!) . - Candidates possessing Master's or Doctorate degrees in subjects such as Food Technology, Microbiology, or Biochemistry are qualified for the post of Food Safety Officer, not just those with Bachelor's degrees (!) . - The term 'degree' includes Bachelor's, Master's, and Doctorate degrees unless a specific exclusion is provided in the statute or rules (!) . - A candidate must hold a Master's degree specifically in Chemistry to qualify, whereas for other listed subjects, any degree (Graduation, Post-graduation, or Doctorate) is sufficient (!) . - The Supreme Court quashed the High Court judgments that disqualified appellants holding post-graduate degrees in relevant subjects (!) . - The Court directed respondents to create supernumerary posts for successful appellants without disturbing the seniority of candidates already selected (!) . - Successful appointees from this appeal are not entitled to back wages but are entitled to service benefits on a notional basis (!) . - The 2022 amendment to the Food Safety and Standards Rules explicitly clarifies that Bachelor's, Master's, or Doctorate degrees in specified subjects are valid qualifications (!) .

What is the exclusive domain regarding the prescription of qualifications for Food Safety Officers under the Food Safety and Standards Act?

What are the rights of candidates holding Master's or Doctorate degrees in subjects like Microbiology or Food Technology regarding appointment as Food Safety Officers?

What is the legal interpretation of the term 'degree' when used in recruitment advertisements under the University Grants Commission Act?


JUDGMENT :

Mehta, J.

1. Heard.

2. The appellants have approached this Court by way of this appeal seeking a direction upon the respondents to consider the candidature of the appellants for appointment as Food Safety Officers1[Hereinafter, being referred to as ‘FSO’], pursuant to the notification dated 7th October, 2015 issued by the Jharkhand Public Service Commission2[Hereinafter, being referred to as ‘JPSC’] upon the requisition of the State of Jharkhand.

3. The appellants herein have the qualifications of post-graduation in science with microbiology, food and technology subjects. They applied for the post of FSO in pursuance of the Advertisement No. 01/20163[Hereinafter, being referred to as ‘subject advertisement’] issued by the JPSC wherein the educational qualification for the said post was stipulated in the terms below: -

    “A Degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agriculture Science or Veterinary Sciences or Biochemistry or Microbiology or Master Degree in Chemistry or Degree in Medicine from a Recognized University.”

4. The appellants were declared successful in the written examination and were called for interviews by JPSC, however, d

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