- (1.)THE short question that arises for consideration in this Letter Patent Appeal whether the Bachelor Degree of Agriculture, conferred by Mangal Bharti Vidyapith, Bahadurpura, Dist. Baroda is a recognised graduate degree in Agriculture as provided by Rule 8(c) of the Prevention of Food Adulteration Rules, 1955 ?
(2.)WE have heard learned Assistant Government Pleader Ms. Monali Bhatt, appearing for the appellant and Mr. M.J. Mehta for the respondent.
(3.)LEARNED AGP Ms. Bhatt urged that the respondent is not having requisite qualification for the post of Food Inspector as required under Rule 8(c) of the Prevention of Food Adulteration Rules, 1955 (for short "Rules" ). He is holding a degree of Arts but not holding a Bachelor Degree of Agriculture. She has further submitted that as per the Government Resolution dated 28th September, 1976 of General Administration Department, it was resolved that the degree of Lok Shikshan and Bachelor of Agriculture conferred by Mangal Bharti Vidyapith, Bahadurpura, Dist. Baroda is to be treated as equivalent to degree Bachelor of Arts, granted by any other statutory university. Therefore, it cannot be said that respondent is holding of Bachelor Degree of Agriculture degree, as per government resolution dated 28th September, 1976.
On the other hand, Mr. M.J. Mehta learned counsel appearing on behalf of the respondent urged that Rule 8(c) merely says that graduate degree in agriculture which is a requisite qualification for appointment to the post of Food Inspector and therefore, the respondent was fully qualified for the above said post.