Rajasthan High Court Upholds Training Criteria for Food Safety Officers

Court affirms that training for Food Safety Officers is to be completed post-selection, before appointment notification.

In a significant ruling, the Rajasthan High Court has clarified the recruitment process for Food Safety Officers (FSOs) under the Food Safety and Standards Act, 2006. The Division Bench, comprising Mr. Sanjeev Prakash Sharma, A.C.J., and Mr. Anuroop Singhi, J., has set aside the earlier judgment by a single judge that quashed the note appended to the recruitment advertisement by the Rajasthan Public Service Commission (RPSC). This note had specified that the required training would be imparted after selection during the probation period.

The court emphasized that candidates must possess the requisite qualifications, including successful completion of training as specified by the Food Authority, by the date of appointment notification. The judgment highlighted that the recruitment advertisement dated 21.10.2022, which invited applications for 200 FSO posts, was consistent with the statutory provisions of the Food Safety and Standards Act, 2006, and the corresponding Rules of 2011.

The appeals arose from the quashing of the note appended to the recruitment advertisement by the single judge, which had argued that allowing training during the probation period contravened Rule 2.1.3 of the Rules of 2011. The Division Bench, however, ruled that this interpretation overlooked the legislative intent and procedural requirements for appointment notification outlined in Section 37 of the Act.

The court noted that the training specified under Rule 2.1.3 is considered induction training to be provided after selection but before the formal appointment as FSOs. This aligns with the Food Safety Training Manual and the policy approved by the Food Safety and Standards Authority of India (FSSAI).

In conclusion, the court ruled that the RPSC's recruitment process, including the provision for training after selection, was valid and in compliance with the statutory framework. The decision has provided clarity on the procedural aspects of FSO appointments, reaffirming the importance of post-selection training prior to the official notification of appointment.

Bottom Line:

Recruitment criteria for Food Safety Officer (FSO) under Food Safety and Standards Act, 2006 - Qualification requirements are evaluated on the date of notification for appointment as FSO, and successful completion of training prior to notification is in compliance with the provisions.

Statutory provision(s):  

• Food Safety and Standards Act, 2006 - Section 37,  
• Food Safety and Standards Rules, 2011 - Rule 2.1.3

Kuldeep Singh Choudhary v. Rajasthan Public Service Commission, (Rajasthan)(DB) : Law Finder Doc Id # 2811471