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States - Tamil Nadu
HC holds GO on imparting training to health, sanitary inspectors valid

Our Legal Correspondent

Chennai, July 4 The Madurai Bench of the Madras High Court has ruled that no dilution of standards of administration would arise if health inspectors and sanitary inspectors in food inspection and sampling work holding diplomas in food technology of deemed universities were imparted required training.

Upholding a GO (No 452 dated 5-4-2007) issued by Secretary, Health & Family Welfare, Tamil Nadu, approving diploma qualification of candidates and also permitting Director of Health & Preventive Medicine to impart training in food sampling, Mr Justice K. Chandru held that there was no infirmity in the impugned order.

Once validity of GO was upheld, submission of petitioner (TN Graduate Food Inspectors’ Association, Thenkasi) that approval of Secretary cum Asst Director General, Central Committee for Food Standards, New Delhi was necessary before imparting training to candidates holding diplomas failed into insignificance.

Such a contention could not be accepted by a court of law, as could be seen from the Section 8 of Prevention of Food Adulteration Act, 1954.

Dismissing a writ petition preferred by Association challenging GO, Judge said that in impugned order, State Government considered all objections raised by petitioner and rejected them in their entirety.

The petitioner had submitted that in terms of Rule 8©, a person must be a diploma holder in food technology from a university or an institution established by law, and diploma should have been recognised and notified by Central Government. Candidates having only diploma certificates awarded by Vinayaga Mission Research Foundation, a Deemed University, Salem, did not qualify to get the requisite training.

The Judge held that diplomas were given to candidates by a deemed university, and it had been granted with such status that under Section 3 of University Grants Commission Act, and therefore, nobody other than UGC could go behind validity of such diplomas. The contention of petitioner that if members of petitioner-Association holding diplomas, were imparted training, their appointment would dilute the administration was not based on any legal substance.

Under the circumstances, writ petition would stand dismissed. Interim order of April 21, 2007 and later extended would stand vacated, Judge ruled.

More Stories on : Courts/Legal Issues | Foods & Food Processing | Standards & Benchmarks | Tamil Nadu

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