The court reaffirmed that qualifications for Food Safety Officers must be possessed at the time of appointment notification, emphasizing compliance with statutory provisions and denying the validity of relaxing training requirements during probation.

JUDGMENT :

ANUROOP SINGHI, J.

1. These three Special Appeals take exception to the below mentioned judgment and order passed by learned Single Judge(s) :-

Considering the commonality of the issues and the identicalness of impeachments, with the consent of Learned Counsel for the parties, arguments were advanced in an analogous hearing and the present adjudication would answer the surging debate. Also as the facts involved in the three appeals had fringe variations, the facts arising out of D.B. Civil Special Appeal (Writ) No.790/2024 are being taken as lead case.

2. Vide Judgment dated 06.11.2023, the Learned Single Judge has quashed the “Note” appended to the advertisement dated 21.10.2022 with liberty to the State Authorities to conduct the recruitment for the post of Food Safety Officer (hereinafter referred to as “FSO”) strictly in accordance with the Food Safety and Standards Rules of 2011 (hereinafter referred to as “the Rules of 2011”) and with the direction that the condition of possessing the essential qualification including training at the requisite date shall be adhered to.

3. The appellants in D.B. Civil Special Appeal (Writ) Nos.790/2024 and 1048/2023 are the candidates who claim to have been selected after participating in the selection process but were not impleaded as respondents in the writ petition and hence, have preferred the present appeals along with applications seeking leave to appeal which were allowed.

4. D.B. Civil Special Appeal (Writ) No.1061/2025 has been preferred by the appellants/writ petitioners being aggrieved by the impugned order dated 24.07.2025 passed in S.B. Civil Writ Petition No.13770/2025, whereby the learned Single Judge has dismissed the stay application. In the said writ petition, challenge was laid to the “Note” as appended to the clause providing the required qualification in the earlier advertisement dated 05.08.2019 only to take the benefit of the judgment dated 06.11.2023, however, on the sole count of delay and laches, the interim relief was declined and thus, being aggrieved by the rejection of stay application, the present appeal has been filed.

FACTS IN BRIEF :

5.1. An advertisement dated 21.10.2022 was issued by Rajasthan Public Service Commission (RPSC) inviting online applications for 200 posts of FSO on the requisition of the respondent State. As per the scheme of recruitment/selection process, the final merit list of the successful candidates was to be prepared on the basis of the marks obtained in the written examination which was held on 27.06.2023 and thereafter, the RPSC was required to send recommendation of successful candidates to the respondent State for their appointment in terms of the provisions of the Food Safety and Standards Act, 2006 (hereinafter referred to as “the Act of 2006”). The relevant qualification clause as mentioned in the advertisement dated 21.10.2022 reads as under :-

“QUALIFICATION: (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 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.

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

5.2. The aforesaid “Note