Court holds Junior Analyst (Food) is a distinct State cadre post from statutory Food Analyst under FSS Act; State can prescribe its own qualifications under Article 309.
The Allahabad High Court has dismissed a writ petition challenging the Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food and Drug Laboratory) Service Rules, 2017, as amended in 2020, and the related recruitment advertisement for 417 posts of Junior Analyst (Food).
A Division Bench comprising Justice Alok Mathur and Justice Amitabh Kumar Rai held that the post of Junior Analyst (Food) is distinct from the statutory post of Food Analyst under Section 45 of the Food Safety and Standards Act, 2006. The Court said the State Government was competent, under the proviso to Article 309 of the Constitution, to prescribe qualifications for its own cadre post.
The petitioners had argued that the State rules were unconstitutional because they excluded candidates holding B.Tech degrees in Food Technology, Dairy Technology, Oil Technology, Biotechnology and allied disciplines, even though such qualifications are mentioned in the Central Food Safety and Standards Rules, 2011 for the post of Food Analyst. They contended that the State rules were repugnant to the Central rules and therefore void under Article 254.
Rejecting this argument, the Court observed that the Central Rules of 2011 govern appointment to the post of Food Analyst, which requires not only the prescribed academic qualification and experience, but also declaration by a Board constituted by the Food Safety and Standards Authority of India (FSSAI). By contrast, the State rules govern recruitment to the separate post of Junior Analyst (Food), which is a State service post and not the same as Food Analyst.
The Court further noted that a Junior Analyst (Food) does not automatically become a Food Analyst. Only after qualifying in the FSSAI process and being declared qualified by the Board can such a person perform the functions of a Food Analyst. Since the two posts operate in different legal fields, the Court held that no repugnancy arises between the State and Central rules.
The Bench also found no arbitrariness in the State’s decision to prescribe only selected qualifications for Junior Analyst (Food). It held that the employer and rule-making authority are best placed to determine the suitability and equivalence of qualifications for a State cadre post, and the Court cannot rewrite service rules or add new qualifications merely because they may also have some connection with the subject.
On the objection that the petitioners had participated in the recruitment process and therefore could not challenge it later, the Court held that this did not bar the petition, since the challenge was to the basic eligibility criteria itself. However, on merits, the petition failed.
Accordingly, the High Court upheld Rule 8(2) of the Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food and Drug Laboratory) Service Rules, 2017, as amended in 2020, and dismissed the writ petition. No costs were awarded.
Bottom Line:
Service law - Recruitment to post of Junior Analyst (Food) in U.P. Food Safety and Drug Administration Department - Post of Junior Analyst (Food) held distinct from statutory post of Food Analyst under Section 45 of Food Safety and Standards Act, 2006 - Qualifications prescribed by State under Rule 8(2) of 2017 Rules, as amended in 2020, not repugnant to Rule 2.1.4 of Food Safety and Standards Rules, 2011 - State can prescribe qualifications for its distinct cadre post under proviso to Article 309 - Non-inclusion of B.Tech. Food Technology/Dairy Technology/Oil Technology/Biotechnology in State Rules not arbitrary or ultra vires - Writ petition dismissed.
Statutory provision(s): Article 14, Article 16, Article 226, Article 254, Article 309 of the Constitution of India, Section 45 of the Food Safety and Standards Act, 2006, Rule 2.1.4 of the Food Safety and Standards Rules, 2011, Rule 8(2) of the Uttar Pradesh Food Safety and Drug Administration Department Analysts (Food and Drug Laboratory) Service Rules, 2017 (as amended in 2020)
Pankaj Kumar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2995527
