Chandra Shekhar Singh and Others vs The State of Jharkhand and Others

Court

Supreme Court of India

Date

20 March 2025

Case No.

Civil Appeal No. 10389 of 2024

Result

Allowed

Bench

Vikram Nath, Sandeep Mehta

Citation

[2025] 4 S.C.R. 129 : 2025 INSC 372

Acts & Sections

University Grants Commission Act, 1956 Food Safety and Standard Act, 2006 Food Safety and Standard Rules, 2011

Issue for consideration

Whether the term ‘degree’ as mentioned in the rules and the recruitment notification for the appointment as Food Safety Officer (FSO) issued by the Jharkhand Public Service Commission can be restricted to “Bachelor’s degree” or whether the same would cover in its ambit, the “Master’s degree” as well.

Headnote

Food Safety and Standard Act, 2006 – ss.37, 91 – Food Safety and Standard Rules, 2011 – 2022 Amendment – University Grants Commission Act, 1956 – s.22(3) – Disqualification for possessing higher degree in the subject prescribed under the advertisement, not proper – Selection for the post of FSO – Appellants were disqualified from the recruitment process on the ground that the degrees of post-graduation held by them in relevant subject(s) did not meet the qualification criteria in terms of the subject advertisement which provided that the required degree should be at the graduate level only – Disqualification upheld by High Court – Interference with:

Held: Appellants possessing post-graduate degrees in subjects covered under Clause 2.1.3 of the FSS 2011 Rules are qualified for the post of FSO under the subject advertisement – Under s.22(3), UGC Act, ‘degree’ means the ‘Bachelor’s Degree’, ‘Master’s Degree’ and the ‘Doctorate Degree’ – Thus, wherever the word ‘degree’ is used, unless a specific exclusion is provided, the same would include all three, ‘Bachelor’s Degree’, ‘Master’s Degree’ and a ‘Doctorate Degree’ – There is no ambiguity whatsoever in the FSS 2011 Rules or the subject advertisement which can exclude the Master’s degree in subjects referred to in the preceding part of the Rule 2.1.3 of the FSS 2011 Rules, other than Chemistry, as being a valid qualification – The special reference to the Master’s degree is given in the said Rule, only for those who have acquired their degree course in Chemistry subject, for whom, the minimum qualifying criterion will be a Master’s degree in Chemistry – However, so far as the other subjects are concerned, a person having any degree, be it graduation or post-graduation, would be equally qualified for the post in question – Impugned judgments set aside – Golden Rule of Interpretation. [Paras 29, 31, 32, 34, 35] Food Safety and Standard Act, 2006 – ss.37, 91, 94 – Powers exercised by the Central Government vis-à-vis State Government – Scope – Discussed – Food Safety and Standard Rules, 2011. [Paras 24-26]

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, pursuant to the notification dated 7th October, 2015 issued by the Jharkhand Public Service Commission2 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 issued by t

View Subscription Plans →