Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 29-09-2026

Case Overview

  • Appeals: Civil Appeal Nos. 13229/2026, 13230/2026, 13231/2026, 13232-13233/2026 (arising out of SLP(C) Nos. 11670/2023, 17960/2023, 11668/2023, 21171/2023).
  • Parties: Appellant – Secretary, Department of Health & Anr. (representing Himachal Pradesh Staff Selection Commission); Respondents – Sudha Batta & Ors.
  • Background: HPSC issued an advertisement (Advertisement No. 18 of 2023 dated 15 June 2023) for 19 Food Safety Officer (FSO) posts. Minimum qualification required a “Degree” in specified subjects, with a specific mention of “Master’s Degree in Chemistry”. Respondents held Master’s degrees in Biotechnology/Microbiology and were rejected on the ground of lacking a Bachelor’s degree in the same subjects. The High Court dismissed their writ petition; writ appeals were filed and now allowed by this Court.
  • Legal Issue: Whether the term “degree” in the advertisement/rules is limited to a Bachelor’s degree or includes Master’s (and Doctorate) degrees for subjects other than Chemistry.
  • Precedent Cited: Chandra Shekhar Singh & Others v. State of Jharkhand (Civil Appeal No. 10389 of 2024). The Court there interpreted “degree” under Section 22(3) of the UGC Act to encompass Bachelor’s, Master’s and Doctorate degrees unless expressly excluded. It held that only Chemistry required a Master’s degree; for all other listed subjects, any degree (graduation, post‑graduation or doctorate) qualifies.
  • The present respondents fall within the latter category (Biotechnology/Microbiology) and therefore are eligible.

Final Outcome

  • The appeals are disposed of; the order of the High Court is affirmed.
  • HPSC (and the State of Himachal Pradesh) are directed to appoint the respondents to the FSO post, subject to them being otherwise eligible and their names appearing in the merit list.
  • Seniority: Appointed respondents shall rank just below candidates already selected; existing seniority of those candidates will not be disturbed.
  • Compensation: Appointees will not be entitled to back wages but will receive all service benefits on a notional basis.
  • Supernumerary Posts: If vacancies do not exist in the 2016 recruitment process, HPSC must create supernumerary posts to accommodate the respondents, allowing them to join from the interview stage onward.
  • No further pending applications will be entertained; all are disposed of.

Topics: Food Safety Officer Qualification, Judicial Interpretation of Educational Requirements