Case Note & Summary
The appellants, holding Master's degrees in Microbiology and Food Science and Technology, applied for the post of Food Safety Officer (FSO) pursuant to an advertisement by the Jharkhand Public Service Commission (JPSC) dated 7th October 2015. The advertisement required a 'Degree' in specified subjects including Microbiology, and separately mentioned 'Master Degree in Chemistry' as an alternative qualification. The appellants were successful in the written examination but were disqualified during the recruitment process on the ground that their Master's degrees were not considered valid educational qualifications for the post. Aggrieved, they filed a writ petition before the Jharkhand High Court, which was dismissed by the Single Judge on 30th June 2020. An intra-court appeal to the Division Bench was also dismissed on 2nd August 2023, holding that the appellants did not possess a graduation degree in the specified subjects. The Supreme Court, hearing the appeal by special leave, examined the scope of the term 'degree' in the advertisement and the relevant statutory provisions. The Court noted that the Food Safety and Standards Act, 2006 (FSS Act) under Section 37 empowers the Central Government to prescribe qualifications for FSOs, and the State's role is limited. The University Grants Commission Act, 1956, Section 22(3) defines 'degree' to include Bachelor's, Master's and Doctorate degrees. The Court also referred to the 2022 amendment to the FSS Rules which explicitly includes Master's and Doctorate degrees. Relying on the principle that a higher qualification in the same subject cannot be a disqualification, the Court allowed the appeal, set aside the High Court judgments, and directed the respondents to consider the appellants' candidature for appointment as FSOs with consequential benefits, or alternatively in the subsequent recruitment process of 2023.
Headnote
A) Service Law - Recruitment - Educational Qualification - Interpretation of 'Degree' - Food Safety and Standards Act, 2006, Section 37; University Grants Commission Act, 1956, Section 22(3) - The term 'degree' in an advertisement for Food Safety Officer includes Bachelor's, Master's and Doctorate degrees as per UGC Act. The State cannot restrict it to only graduation when the Central Act prescribes qualification uniformly. Held that candidates holding Master's degree in Microbiology/Food Science are eligible. (Paras 20-30) B) Constitutional Law - Legislative Competence - Concurrent List - Food Safety and Standards Act, 2006, Section 37, 91; Constitution of India, Article 246(2), 254 - The power to prescribe qualifications for Food Safety Officer lies with the Central Government under Section 37 read with Section 91 of FSS Act. State rules cannot override Central rules. Held that the State's restrictive interpretation is ultra vires. (Paras 8-12) C) Service Law - Recruitment - Higher Qualification - Eligibility - Parvaiz Ahmad Parry v. State of Jammu and Kashmir - A candidate possessing a higher degree in the prescribed subject cannot be disqualified for not holding a lower degree. Held that Master's degree holders are eligible for post requiring 'degree'. (Para 15)
Issue of Consideration
Whether the term 'degree' in the advertisement for Food Safety Officer includes a Master's degree in the specified subjects, and whether the State Government can restrict the qualification to only Bachelor's degree when the Central Act prescribes otherwise.
Final Decision
Appeal allowed. Judgments of the Single Judge and Division Bench of the High Court set aside. Respondents directed to consider the candidature of the appellants for appointment as Food Safety Officers with all consequential benefits, or alternatively in the subsequent recruitment process of 2023.
Law Points
- Degree includes Bachelor's
- Master's and Doctorate degrees
- Qualification for Food Safety Officer under FSS Act is prescribed by Central Government
- State cannot restrict 'degree' to graduation only
- Higher qualification in same subject cannot be ground for disqualification
