The statutory rules take precedence over advertisement provisions, and the eligibility qualifications and training requirements as specified in the rules must be adhered to for recruitment.

ORDER :

1. The petitioners have preferred the present writ petition claiming the following reliefs :-

"(i) The impugned recruitment advertisement dated 21.10.2022 (Annex.2) may kindly be declared illegal and the same may kindly be quashed and set aside.

(ii) The recruitment process so initiated by the respondent RPSE through the advertisement dated 21.10.2022 (Annexure-2) may also be declared illegal and the same may be quashed and set aside.

(iii) The respondent RPSE further may be directed to undertake the recruitment process strictly in accordance with the provisions of Rule of 2011 and amended rules of 1965.

(iv) The respondent RPSE may kindly be restrained from appointing any person who is not otherwise not possessing the entire eligibility qualification as prescribed under the Rules of 2011 as well as amended Rules of 1965."

2. Learned counsel for the petitioners submits that the recruitment process was undertaken in pursuance of the advertisement dated 21.10.2022 issued by the respondent RPSC for appointment on the post of Food Safety Officer inter alia on the ground that the relaxation regarding the eligibility qualification prescribed under the Rules is being relaxed by the respondent RPSC in violation of the provision of recruitment rules as well as the judgment passed by the Hon'ble High Court.

3. Learned counsel for the petitioner has taken this Court to Section 91 of the Food Safety and Standard Act, 2006 (in short, ‘Act of 2006’) whereby the Central Government has framed the Food Safety and Standard Rules, 2011 (hereinafter referred to as ‘Rules of 2011’), which came into force on 05.08.2011.

3.1 Rule 2.1.3 of the Rules of 2011 provided for the qualification for the post of Food Safety Officer, the relevant part of the Rule 2.1.3 (i) of the Rules of 2011 reads as follows :-

"2.1.3: Food Safety Officer:

1. Qualification: Food Safety Officer shall be a whole time officer and shall, on the date on which he is so appointed possesses the following:

(i) a degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology or Masters Degree in Chemistry or degree in medicine from a recognized University, or

(ii) any other equivalent/recognized qualification notified by the Central Government, and

(iii) has successfully completed training as specified by the Food Authority in a recognized institute or Institution approved for the purpose. Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Food Safety Officer under this rule

2. On the date of commencement of these Rules, a person who has already been appointed as a Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954, may perform the duties of the Food Safety Officer if notified by the state/Central government if the officer fulfills such other conditions as may be prescribed for the post of Food Safety Officer by the State Government.

3. State Government may, in cases where a Medical Officer of health administration of local area has been performing the function of food inspector under the Prevention of Food Adulteration Act, 1954, assign the powers and duties of Food Safety Officer to such Medical Officer in charge of health administration of that area.

Provided further that the persons appointed under Clauses 2 and 3 above, shall undergo a specialized training laid down by the Food Authority within a period of two years from the commencement of these rules."

4. Learned counsel for the petitioner further submits that the State Government has issued a notification dated 25.07.2018 and notified the Rajasthan Medical and Health Subordinate Service Rules (IV Amendment) Rules, 2018, in which, the eligibility qualification for recruitment to the post of Food Safety Officer was pre