BDS Degree Holders Not Eligible for Food Safety Officer Post, Court Rules
In a significant judgment, the Rajasthan High Court, Jaipur Bench, has upheld the Rajasthan Public Service Commission's (RPSC) decision to exclude Bachelor of Dental Surgery (BDS) degree holders from eligibility for the position of Food Safety Officer. The court, presided by Justice Anand Sharma, dismissed the writ petition filed by Arvind Kumar Gupta, who challenged the rejection of his candidature for not possessing the requisite educational qualification specified for the post.
The controversy arose from an RPSC advertisement dated August 5, 2019, which outlined the educational qualifications necessary for the recruitment of Food Safety Officers. The qualifications included a degree in Food Technology, Dairy Technology, Biotechnology, and notably, a "Degree in Medicine," among others. Arvind Kumar Gupta, a BDS degree holder, argued that his qualification should be considered equivalent to a degree in Medicine, citing definitions and interpretations from various medical acts and institutions.
However, the court maintained that the equivalence of educational qualifications is a technical matter to be determined by the employer or expert bodies, not the judiciary. The judgment emphasized that judicial review under Article 226 of the Indian Constitution does not extend to modifying eligibility criteria prescribed by an employer or determining the equivalence of qualifications.
The court referenced several precedents, including the Supreme Court's stance in Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad, where it was established that the equivalence of qualifications lies solely within the purview of the recruiting authority. The judgment also considered decisions from the High Court of Telangana and the Madurai Bench of the Madras High Court, which dealt with similar issues of equivalency in qualifications.
The ruling reaffirmed that the State Government, as the employer, has the discretion to prescribe qualifications based on the nature of the job and other relevant factors. The absence of any notification by the Central Government recognizing BDS as equivalent to a degree in Medicine further supported the court's decision to dismiss the petition.
This judgment highlights the judiciary's reluctance to interfere with recruitment policies and underscores the importance of adhering to prescribed qualifications unless officially amended or recognized by competent authorities.
Bottom Line:
Equivalence of qualifications for recruitment is a technical matter within the purview of the employer and cannot be interfered with by the courts under Article 226 of the Constitution of India.
Statutory provision(s): Article 226 of the Constitution of India, Food Safety and Standards Rules, 2011
Arvind Kumar Gupta v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2840316
