Kamal Kumar Bhardwaj v. Himachal Pradesh Staff Selection Commission
2020-11-02
AJAY MOHAN GOEL
body2020
DigiLaw.ai
JUDGMENT Ajay Mohan Goel, J. - As common issues of facts and law are involved in these petitions, they are being disposed of by a common judgment. 2. Arguments were heard in CWPOA Nos.6 of 2019 and 19 of 2019, on 8th October, 2020, on which date, judgment was reserved in these petitions. CWPOA No.7 of 2019, was tagged alongwith CWPOA Nos.6 of 2019 and 19 of 2019. However, on the request of learned Senior Counsel for the petitioner, further hearing in this petition was deferred for 13.10.2020 and for this limited purpose, this petition was delinked from CWPOA Nos.6 of 2019 and 19 of 2019, to enable the learned Senior Counsel appearing for the petitioner in the said petition to make her submissions in addition to the submissions already made by the learned counsel for the petitioners in the connected petitions and accordingly, on 13.10.2020, arguments were heard in CWPOA No.7 of 2019 and judgment was reserved. 3. Vide advertisement No.34-1/2018 (appended with CWPOA No.6 of 2019, as Annexure A/3), the Himachal Pradesh Staff Selection Commission, Hamirpur, H.P., invited applications, inter alia, for the post of Food Safety Officers. The post Code was 657' and as per advertisement, in all, applications were invited for 19 posts which were to be filled up on contract basis in the pay scale of Rs.5910-20200+3000 GP. The minimum essential qualification prescribed for the post in issue, in terms of Recruitment and Promotion Rules, was as under:- 657 Food Safety Officer 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 Degrees in Chemistry or Degree in Medicine from 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. 4. The petitioners are candidates whose candidatures have been rejected on the ground that they do not possess Bachelor's Degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology. 5.
4. The petitioners are candidates whose candidatures have been rejected on the ground that they do not possess Bachelor's Degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology. 5. The grievance of the petitioners is that rejection of their candidatures on the ground that they do not possess a Bachelor's Degree in the subjects enumerated hereinabove, is arbitrary and thus, not sustainable in the eyes of law, as they were eligible for being appointed as Food Safety Officers in terms of essential qualifications mentioned in the advertisement as well as the Recruitment and Promotion Rules. 6. According to the petitioners, they possessed Master's Degree in either of the specialties, which stood mentioned in the column of minimum qualifications as per Recruitment and Promotion Rules, against post Code No.657, therefore, the rejection of their candidatures is bad in law, because when the advertisement did specifically mention that it was a Bachelor's Degree in the trades which was required, then the word "Degree" has to be interpreted mentioning both "Bachelor's Degree" as well as "Master's Degree". This is the only controversy involved in these petitions. 7. Thus, the moot issue which this Court has to decide is as to whether the word "Degree" used in the column of minimum educational qualifications as per Recruitment and Promotion Rules against post Code No.657 means "Bachelor's Degree" only or will it include both "Bachelor's Degree" as well as "Master's Degree" also. 8. Before proceeding further, at this stage, it is clarified that none of the petitioners is having a Bachelor's Degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology. 9. There are on record Food Safety and Standards Rules, 2011, which stand published in the Extraordinary Gazette of India, vide Notification dated 5th May, 2011, in exercise of powers conferred under Section 91 of the Food Safety and Standards Act, 2006, as well as other Sections of the Act. Chapter-2 of these Rules deals with Enforcement Structure and Procedures.
9. There are on record Food Safety and Standards Rules, 2011, which stand published in the Extraordinary Gazette of India, vide Notification dated 5th May, 2011, in exercise of powers conferred under Section 91 of the Food Safety and Standards Act, 2006, as well as other Sections of the Act. Chapter-2 of these Rules deals with Enforcement Structure and Procedures. Clause 2.1.3 of the said Chapter deals with Food Safety Officers and in terms of this Rule, Food Safety Officer shall be a whole time officer and shall on the date on which he is so appointed possesses qualifications which stand mentioned therein, which read as under:- "(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 (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." 10. There is also on record appended with CWPOA No.6 of 2019, as Annexure A-10 by the petitioners a clarification issued by the Assistant Director, Food Safety and Standards Authority of India, dated 18th May, 2019, which appears to be given on a request of one of the petitioners regarding educational qualification for the post of Food Safety Officers and this clarification reads as under:- Subject: Clarification regarding educational qualification for the post of Food Safety officer Sir, This is with reference to your application dated 16.05.2019 on the subject noted above. 2. In this regard, it is informed that Section 22(3) of UGC Act, 1956 defines the term degree which was awarded with previous approval of Central Government and notified by UGC and classified into three types viz. Bachelors Degree, Masters Degree and Doctorate Degree unless the type of degree is specified in the recruitment Regulations, the degree, may refer to any of the types mentioned above. 11. There are also on record Recruitment and Promotion Rules for the post of Food Safety Officers in the Department of Health Safety and Regulation Himachal Pradesh, a copy of which, both in vernacular and English is appended with the reply of respondents No.6 to 8 to the petition, i.e., CWPOA No.6 of 2019.
11. There are also on record Recruitment and Promotion Rules for the post of Food Safety Officers in the Department of Health Safety and Regulation Himachal Pradesh, a copy of which, both in vernacular and English is appended with the reply of respondents No.6 to 8 to the petition, i.e., CWPOA No.6 of 2019. These Rules have been framed by the Governor of Himachal Pradesh in exercise of powers conferred by proviso to Article 309 of the Constitution of India and they have been notified, vide Notification published in Official Gazette of the Government of Himachal Pradesh dated 6th December, 2017. Clause-7 of these Rules deals with minimum educational and other qualifications required for direct recruit(s) and the same reads as under:- 7. "Minimum Educational and Other qualifications required for direct recruit(s).- (a) ESSENTIAL QUALIFICATIONS:- (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 Degrees in Chemistry or Degree in Medicine from 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 sales of any article of food shall be appointed to be a Food Safety Officer under this rule. (b) Desirable Qualification(s):-Knowledge of customs, manners and dialects of Himachal Pradesh & suitability for appointment in the peculiar conditions prevailing in the Pradesh." 12. I have heard learned counsel for the parties and have also gone through the pleadings as well documents appended therewith. 13. A perusal of essential qualification prescribed in Rule-7 of the Recruitment and Promotion Rules read harmoniously with minimum educational qualifications prescribed in the advertisement in issue, as also Food Safety and Standards Rules, 2011, demonstrates that a candidate in order to be eligible to be appointed as Food Safety Officer must possess 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 and Degree in Medicine from recognized University.
In the Rules notified by the Central Government as well as in the Recruitment and Promotion Rules framed by the Health Safety and Regulation Department, in the same sentence which pertains to essential qualification, two terms have been used, which are; (a) "Degree" when it comes to certain subjects/trades and "Master's Degree", when it pertains to some other subjects/trades. This means that both the framers of Statutory Rules, 2011, as well as Recruitment and Promotion Rules, were cautious of the fact that the word "Degree" used in the Recruitment and Promotion Rules and Statutory Rules connotes only a "Bachelor's Degree", because if that was not the intent of the word so used both in Statutory Rules or in the Recruitment and Promotion Rules, then when it came to the subject of Chemistry, there was no requirement or need of prefixing before it the word "Master's Degree". Therefore, in the considered view of this Court, the word "Degree" used in the Recruitment and Promotion Rules or in the advertisement cannot be read, to mean both Master's Degree as well as Bachelor's Degree, as the intent of the employer is clear and unambiguous that as far as the subject of Chemistry is concerned, the candidate applying ought to possess a "Master's Degree", whereas for other subjects, a simple "Degree" which obviously means the "Bachelor's Degree", was the essential qualification. 14. It is reiterated that none of the petitioners possess a Bachelor's Degree in either of the subjects mentioned in the Recruitment and Promotion Rules. Incidentally, during the course of arguments, learned counsel for the petitioners were quite emphatic in their submissions that it was not as if the case of the petitioners was that when a Bachelor's Degree in the subject in which they possess a Master's Degree was the minimum qualification prescribed, then a Master's Degree in the same subject referred a candidate possessing such Degree eligible to be considered and appointed against the post in issue. Their clear and categorical argument was that the word "Degree" used in the advertisement as well as Recruitment and Promotion Rules has to be read inclusive of both "Bachelor's Degree" and "Master's Degree".
Their clear and categorical argument was that the word "Degree" used in the advertisement as well as Recruitment and Promotion Rules has to be read inclusive of both "Bachelor's Degree" and "Master's Degree". However, as this Court is of the view that the word "Degree" used in the Recruitment and Promotion Rules, means only a "Bachelor's Degree", because the employer has categorically prefixed the word "Master's Degree" in the subject in which it wanted the candidate to possess a "Master's Degree", therefore, there is no merit in the contention of the petitioners nor is there any illegality in the act of the respondents of rejecting the candidatures of the petitioners for the posts in issue. 15. Accordingly, in view of the observations made hereinabove, all these petitions are dismissed, so also pending miscellaneous applications, if any. All interim orders are vacated.