The term “degree” under Section 22(3) of the UGC Act includes Bachelor’s, Master’s, and Doctorate degrees, and any restriction to exclude Master’s degrees is arbitrary and unconstitutional – (Para 29, 32.) The Central Government has the exclusive power to prescribe qualifications for the post of FSO under the FSS Act, and the State Government cannot impose additional restrictions – (Para 23, 26.) A candidate possessing a higher degree in the prescribed subject cannot be disqualified solely on the grounds of not holding a Bachelor’s degree – (Para 34.)

The Supreme Court held that the term “degree” in the FSS Rules and the recruitment notification includes both Bachelor’s and Master’s degrees. The appellants, who held Master’s degrees in relevant subjects, were qualified for the post of FSO – (Para 31, 32, 34.) The Court quashed the judgments of the High Court and directed the respondents to consider the appellants’ candidature. If no vacancies were available, supernumerary posts were to be created to accommodate the appellants – (Para 35(i), (iii).) The appellants, if appointed, would not be entitled to back wages but would receive notional benefits – (Para 35(iv).)

Major Acts:

1. Constitution of India (COI) – Articles 246(2), 254, and Seventh Schedule, List III (Concurrent List) – Para 6, 9, 10.

2. Food Safety and Standards Act, 2006 (FSS Act) – Sections 37(1), 37(2), 91(2)(b), 94 – Para 13, 22, 23, 26.

3. University Grants Commission Act, 1956 (UGC Act) – Section 22(3) – Para 13, 29.

Subjects:
Food Safety Officer (FSO) – Jharkhand Public Service Commission (JPSC) – Master’s Degree – Bachelor’s Degree – Educational Qualification – Recruitment Process – Arbitrary Disqualification – Concurrent List – Central Government Rules – State Government Powers – Supernumerary Posts – Notional Benefits.

Facts:

1. Nature of the Litigation:– The appellants, Chandra Shekhar Singh and others, challenged their disqualification from the recruitment process for the post of Food Safety Officer (FSO) in Jharkhand. They were disqualified despite possessing a Master’s degree in Microbiology and Food Science, as the authorities insisted on a Bachelor’s degree as the minimum qualification – Para 2, 3, 4.

2. Who is Asking the Court and for What Remedy? The appellants sought a direction to consider their candidature for the post of FSO, arguing that their Master’s degree should be treated as a valid qualification under the Food Safety and Standards Act, 2006, and the relevant recruitment notification – Para 2, 5.

3. Reason for Filing the Case:– The appellants were disqualified during the recruitment process on the grounds that their Master’s degree did not meet the educational criteria specified in the advertisement, which required a Bachelor’s degree in specific subjects – Para 4, 5.

4. What Has Already Been Decided Until Now– The High Court of Jharkhand, both the Single Bench and Division Bench, had dismissed the appellants’ petitions, holding that the Master’s degree did not meet the qualification criteria as per the advertisement – Para 5, 6.

Issues:

1. Whether the term “degree” in the recruitment notification and the Food Safety and Standards Rules, 2011, includes both Bachelor’s and Master’s degrees for the post of FSO – Para 7, 8, 20.

2. Whether the State Government had the authority to prescribe qualifications for the post of FSO, or if it was exclusively within the domain of the Central Government – Para 22, 23, 26.

3. Whether the disqualification of the appellants, who held Master’s degrees in relevant subjects, was arbitrary and unconstitutional – Para 31, 32.

Submissions/Arguments:

1. Appellants’ Arguments:
   The term “degree” in the advertisement should not be restricted to a Bachelor’s degree but should include Master’s and Doctorate degrees as per Section 22(3) of the UGC Act – Para 7, 13.
   The Central Government has the exclusive power to prescribe qualifications for FSO under Section 37(1) of the FSS Act, and the State Government cannot impose additional restrictions – Para 10, 11, 12.
   The Central Government’s 2022 amendment to the FSS Rules clarified that both Bachelor’s and Master’s degrees are valid qualifications for the post of FSO – Para 15.

2. Respondents’ Arguments:
   The advertisement specifically required a Bachelor’s degree in the listed subjects, and the appellants, holding Master’s degrees, did not meet the criteria – Para 17, 18.
   The State Government had the authority to interpret the qualifications as per the advertisement, and the appellants’ challenge was belated – Para 19.