The court established that recruitment criteria must be strictly followed, and subsequent changes in qualifications cannot be applied retrospectively.

ORDER :

SAMEER JAIN, J.

1. Learned counsel for the petitioner has submitted that the present petition is filed seeking appointment on the post of Food Safety Officer, in pursuance to the advertisement dated 21.10.2022, issued by the respondent-RPSC. Accordingly, the following prayers are advanced, reproduced herein-under:-

“a) That this Hon'ble Court be pleased to issue writ of Mandamus or any other appropriate writ order or direction in the nature thereof and thereby, the respondent may be directed to give appointment to the petitioner on the post of Food Safety Officer as the petitioner secured more marks than the merit list, taking into account the petitioner's status as a person with disabilities.

b) That this Hon'ble Court be pleased to reserve one seat in the selection process for the post of Food Safety Officer to be allocated specifically for the petitioner, considering her eligibility, qualifications, and the injustices faced during the recruitment process;

c) Pass such other and further order(s) as may deem fit and proper and in the interest of justice and protect the rights and interests of persons with disabilities.”

2. Learned counsel for the petitioner has submitted that the petitioner is a female candidate, belonging to the OBC Category. The petitioner suffers from 45% disability. She graduated with a Bachelor of Science Degree in Chemistry from the MDSU, Ajmer in the Year 2020, which is recognized University as per the advertisement dated 21.10.2022. It is averred that the said advertisement was issued inviting applications qua 200 seats for the post of ‘Food Safety Officer’ under the Rajasthan Medical and Health Subordinate Service Rules 1965 (in short, the Rules). Learned counsel submitted that the petitioner possesses all the requisite qualifications, as specified in the advertisement. In this regard, learned counsel for the petitioner has placed reliance upon the educational qualifications specified under the said advertisement, which are reproduced as under:

“1(i) A degree in Food Technology or Dairy technology or Biotechnology or Oil Technology or Agriculture Science or Veterinary Sciences or Bio- Chemistry or Microbiology or Masters Degree in Chemistry or Degree in Medicine from a recognized University.

Or

any other equivalent/recognized qualification notified by the Central Government and

(ii) has successfully completed training as specified by the Food Authority in a recognized institute or institution approved for the purpose:

(Note:- There is no requirement for training prior to selection. This training shall be provided to the selected candidates during probation period.)

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 these rules.

2. Working knowledge of Hindi written in Devnagari Script and knowledge of Rajasthan Culture.”

3. Learned counsel for the petitioner further submitted that the petitioner’s case, categorically falls under the extended clause of Clause 1 and other equivalent educational qualification notified by the Central Government. Extended clause of Clause 1 of the Central Government, is reproduced as under:-

“(i) A degree in Food Tecnology or Dairy Technology or Biotechnology or Oil Technology or Agriculture Science or Veterniary Sciences or Bio-Chemistry or Microbiology or Master’s Degree in Chemistry or Degree In Medicine from a recognized University, Or Any other equivalent/recognized qualification notified by the Central Government; and

(ii) 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 these rules.

4. It was further submitted by the learned counsel for the petitioner that during document verification, the respondents have or