The Madurai Bench of the Madras High Court dismissed a writ petition challenging the appointment of Food Safety Officers by the Commissioner under the Food Safety and Standards Act, 2006, holding that appointment is not a matter of right and no illegality was established.
The writ petition stands dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P(MD)No.11860 of 2011 and M.P(MD)Nos.2 & 3 of 2011
Kailashsundaram
... Petitioner
Vs
Represented by Secretary, Health and Family Welfare Department,
Fort St. George, Chennai.
Sanitary Officer, Puliangudi Municipality, Puliangudi, Tirunelveli District.
(3rd respondent representing himself and Other Sanitary Inspectors who are appointed as Food Safety Officers and who have obtained only a basic Degree In applied Chemistry through Distance Education Programmed of Annamalai University or other Universities or a Diploma in Food Technology from (Indra Gandhi National Open University) or other Institutions which had no approval for the Courses from Distance Education
Council) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in connection with the impugned order of second respondent vide proceedings Ref.F.No.80849/FSSA/2011/S2, dated 20.09.2011 in so far as it relates to the appointment of third respondent and other persons who have basic degree in applied Chemistry through Distance Education Programme of https://hcservices.ecourts.gov.in/hcservices/ Annamalai University or other Institutions or only a Diploma in Food Technology from Indira Gandhi National Open University or
2
other institutions which had no valid approval from Distance Education Council for such courses and quash the same.
For Petitioner : No appearance
For R3 : Mr.D.Selvaraj
ORDER
The writ petition is filed challenging the order of appointment passed by the second respondent vide proceedings, dated 20.09.2011. The writ petitioner is working as a Sanitary Inspector in Kadayanallur Municipality.
2.On a perusal of the order, dated 20.09.2011, the Commissioner of Food Safety issued a notification under the provisions of the Food Safety and Standards Act, 2006 appointing the Food Safety Officers. In the order impugned, 148 candidates were appointed as Food Safety Officers and the third respondent is also one amongst them.
3.None appeared for the writ petitioner and the learned Additional Government Pleader appearing on behalf of the respondents 1 & 2 made a submission that the second respondent issued a notification appointing 148 candidates as Food Safety Officers under the provisions of the Food Safety and Standards Act, 2006 and the writ petitioner cannot claim the appointment as a matter of right. The writ petitioner has challenged the appointment order of 148 candidates without impleading all those candidates. Thus, the writ petition deserves to be rejected.
4.The learned counsel appearing on behalf of the third respondent states that the appointment was made in accordance with the provisions of the said Act and therefore, there is no infirmity as such. Further, the third respondent was fully qualified to hold the post of Food Safety Officer and therefore, the writ petitioner cannot seek quashing of the said order.
5.Considering the arguments of the learned Additional Government Pleader and the learned counsel appearing on behalf of the third respondent, this Court is of an opinion that Section 37 of the Food Safety and Standards Act, 2006 provides appointment of Food Safety Officer.
Section 37(1) states that “ The Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, https://hcservices.ecourts.gov.in/hcservices/ having the qualifications prescribed by the Central Government, as Food Safety Officers for such local areas as he may assign to them for the purpose of performing functions under this Act and the
3
rules and regulations made thereunder.”
8.Accordingly, the writ petition stands dismissed. However,
4
there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(W)
/True Copy/
Sub Assistant Registrar
To
am
AE/JC/SAR1/19.02.2018/4P/5C
W.P(MD)No.11860 of 2011 05.02.2018
3 issues framed by the court
Whether a Sanitary Inspector wounded be entitled to appointment as Food Safety Officer as a matter of right.
Whether the appointment of candidates with Distance Education degrees challenges the quashing of the order.
Whether the appellant has establishing any irregularity or illegality in the appointment process despite mere eligibility.
Kailashsundaram
The State of Tamil Nadu
Commissioner of Food Safety
S.Ibrahim
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
