- Case
- CHANDRA SHEKHAR SINGH v. THE STATE OF JHARKHAND (Supreme Court of India, 20-03-2025)
- Law
- Constitution of India, Food Safety and Standards Act, University Grants Commission Act.
The Food Safety and Standards Act, 2006: The judgment extensively discusses Sections 37, 91, and 94 of the FSS Act. Section 37(1) is analyzed regarding the appointment of Food Safety Officers (FSOs) and the qualifications prescribed by the Central Government. Section 37(2) is examined concerning the State Government's limited power to appoint officers with the qualifications prescribed under Section 37(1). Section 91(2)(b) is discussed in relation to the Central Government's exclusive power to prescribe educational criteria for FSOs. Section 94 is analyzed regarding the State Government's rule-making power, limited to functions and duties assigned to the State Government and the State Commissioner of Food Safety. The court concludes that the FSS Act does not permit the State Government to prescribe qualifications for FSOs, which is the Central Government's domain.
Food Safety and Standards (First Amendment) Rules, 2022: The judgment refers to the amendment introduced by the Central Government in 2022, which specifies that the qualification for the post of FSO shall be a Bachelor's, Master's, or Doctorate degree in relevant subjects. The court notes that this amendment was intended to clarify the eligibility criteria for the post of FSO.
Food Safety and Standard Rules, 2011: The judgment refers to Clause 2.1.3 of the FSS 2011 Rules, which specifies the educational qualifications for the post of Food Safety Officer. The court interprets this clause to mean that a Master's degree is only specifically required in Chemistry, while for other subjects, any degree (Bachelor's, Master's, or Doctorate) is sufficient.
University Grants Commission Act, 1956: Section 22(3) of the UGC Act is discussed, defining "degree" to include Bachelor's, Master's, and Doctorate degrees. The court notes that unless specifically excluded, the term "degree" in any statute or notification would encompass all three levels.
Constitution of India, 1949: Article 246(2) is mentioned, stating that both Parliament and State Legislatures have concurrent powers to make laws on matters in List III of the Seventh Schedule. Article 254 is referenced, asserting that in case of inconsistency between laws made by Parliament and State Legislature under the concurrent list, the law enacted by Parliament prevails.
General Principles of Law: The judgment applies the "golden rule of interpretation" when interpreting the statutory provisions related to educational qualifications for the post of FSO. The court emphasizes a literal and logical interpretation of the statutory language. The court also touches upon the principle that an interpretation that excludes candidates with higher degrees would be unjust, arbitrary, and unconstitutional.
