JUDGMENT : Bechu Kurian Thomas, J. Petitioner challenges Ext.P9 communication, intimating her that she had not fulfilled the required experience mentioned in Rule 2.1.4 of the Food Safety and Standard Rules, 2011 (for short, ‘FSS Rules’) and that her experience in food analysis will be counted, only from the period after attaining the requisite educational qualification. Petitioner also seeks for a declaration that she has more than 9 years of experience in food analysis at the relevant period and hence she is entitled to be issued with a qualifying certificate for the 7 th Food Analyst Examination, 2021 (for brevity ‘the 7 th FAE’). Petitioner further seeks for a direction to the 2 nd respondent to issue the certificate certifying her as qualified for the aforementioned examination. 2. Petitioner claims to have obtained a Degree in B.Sc Chemistry from the Kerala University with First Class, in the year 2008 and later, selected and appointed with effect from 08.11.2011, as a Technical Assistant (Grade-II) at the Government Analytical Laboratory, Thiruvananthapuram. Petitioner was promoted as Technical Assistant (Grade-I) in the cadre of Junior Research Officer in 2019 and while so, she qualified for the Diploma of Associateship of the Institution of Chemists (India) on 04.12.2020. 3. According to the petitioner, on 09.04.2021, the 2 nd respondent invited applications from eligible candidates for the 7 th FAE and being eligible, petitioner submitted her application. Accepting her eligibility, the second respondent permitted the petitioner to write the examination. Despite successfully qualifying the 7 th FAE, as evident from Ext.P8, petitioner alleges that she was not issued with the 'Certificate of Food Analyst' and by communication dated 01.04.2022, she was informed that though qualified at the test, she did not satisfy the experience of three years in Food Analysis 'after acquiring her Diploma in Food Analysis' and therefore was not eligible to be issued with the certificate. Petitioner contends that the said communication has denied her the certificate, which she otherwise was entitled to, and has hence approached this Court, seeking the reliefs mentioned earlier. 4. A counter affidavit has been filed on behalf of the 2 nd respondent pointing out that as per Rule 2.1.4 of the FSS Rules, the eligibility criteria prescribed is a Master's Degree in Chemistry/ Bio- Chemistry, apart from other qualifications prescribed therein and experience acquired after obtaining the required educational qualification. 4. A counter affidavit has been filed on behalf of the 2 nd respondent pointing out that as per Rule 2.1.4 of the FSS Rules, the eligibility criteria prescribed is a Master's Degree in Chemistry/ Bio- Chemistry, apart from other qualifications prescribed therein and experience acquired after obtaining the required educational qualification. It is also stated that the petitioner does not satisfy the post qualification experience of three years and hence, in the meeting on 10.02.2023, she was not recommended to be issued with the certificate of Food Analysis. It is further reiterated in the pleadings that the petitioner's eligibility requirement of experience had to be gained after obtaining the Associateship of the Institution of Chemists (AIC) qualification, which alone can count towards the mandatory experience. According to the respondents, since the petitioner did not possess the required three years' experience after acquisition of AIC qualification, she was not entitled to be issued with the certificate of Food Analysis. 5. I have heard Sri. P. Vijayakumar, the learned counsel for the petitioner, the learned Deputy Solicitor General of India on behalf of the first respondent and Smt. Chithra P.George along with Adv. Abin Thomas Alex on behalf of the 2 nd respondent, apart from Sri.Sreejith V.S., the learned Senior Government Pleader. 6. The sole question to be considered is whether the experience required for qualifying at the 7 th FAE is to be reckoned only after acquisition of the essential educational qualification prescribed under Rule 2.1.4 of the FSS Rules, or whether the experience prior to acquiring the educational qualification can be counted? 7. It is relevant to observe that, pursuant to her application, petitioner was permitted to write the examination and as per Ext.P8, she qualified at the said examination and her name appears as Serial No.36 in the list of qualified candidates. Of course, Ext.P8 prescribes that the certificate will be issued even to those persons mentioned in the list of qualified persons, subject to verification of their educational qualification and experience, as prescribed in the FSS Rules. Hence, mere entry in the list of qualified persons will not entitle the candidate to be issued with a certificate, unless the candidate satisfies the criteria regarding educational qualification and experience. 8. While considering the question posed, it is necessary to analyse the eligibility criteria prescribed for the 7 th FAE. Hence, mere entry in the list of qualified persons will not entitle the candidate to be issued with a certificate, unless the candidate satisfies the criteria regarding educational qualification and experience. 8. While considering the question posed, it is necessary to analyse the eligibility criteria prescribed for the 7 th FAE. For the purpose of easier comprehension, the relevant portion of the eligibility criteria, notified for the 7 th FAE as evident from Ext.P6 is extracted as below :- 1. The online applications are invited from candidates possessing essential educational qualifications and 3 years experience in terms of sub rule (ii) of Rule 2.1.4 of Food Safety and Standards Rules, 2011 under the Food Safety and Standards Act, 2006 . 2. Essential Educational Qualification: The candidate should hold a Master’s degree in Chemistry or Biochemistry or Microbiology or Dairy Chemistry or Food Technology, Food and Nutrition or hold Bachelor of Technology in Dairy/Oil or hold degree in Veterinary Sciences from a University established in India by law or in an associate of the Institution of Chemists (India) or any other equivalent qualification recognized and notified by Central government for such purposes . 3. Essential Experience: The candidate should possess not less than three years experience in the analysis of food. 4. Age limit:- There is no age limit for appearing in the 7 th FAE 2021. (emphasis supplied) 9. The eligibility criteria thus prescribed possession of essential educational qualification and three years experience. The eligibility criteria prescribed in Rule 2.1.4 of FSS Rules, do not stipulate that the experience has to be reckoned from a date after acquisition of the essential educational qualification. A plain and literal reading of the experience criteria does not lead to an inference that the experience must be after acquiring the educational qualification. There is no dispute that petitioner possesses the essential educational qualification i.e. the Associateship of the Institution of Chemists (India) which she obtained on 04.12.2020. However, her experience in food analysis is shown as 9 years, as evident from Ext.P7, which is counted from a period prior to acquiring the educational qualification. In the absence of any prescription in Rule 2.1.4 of FSS Rules that the experience can be counted only from the date after obtaining the essential educational qualification, the respondents cannot read into the Rules any word which is not otherwise prescribed therein. In the absence of any prescription in Rule 2.1.4 of FSS Rules that the experience can be counted only from the date after obtaining the essential educational qualification, the respondents cannot read into the Rules any word which is not otherwise prescribed therein. Therefore, the observation in Ext.P9 email that the three years' experience in analysis can be counted only after completion of requisite educational qualification is without any basis and contrary to the prescription in the rules. 10. In this context, it is relevant to refer to the decision in Sharmad (Dr.) v. State of Kerala [ 2025 INSC 70 ] wherein, the Supreme Court applied the maxim ‘expressio unius est exclusio alterius’ (whatever has not been included has impliedly been excluded) and held that the exclusion of the words after acquiring the educational qualification in that case, was a deliberate and conscious act. 11. It is evident from the records produced as Ext.P7, that petitioner had an experience of nine years in food analysis and at the time of writing the examination, she had the requisite educational qualification as well. It is thus evident that the petitioner possessed the necessary educational qualification as well as experience required for writing the examination. On qualifying at the examination, she has to be issued with the certificate of food analysis. The contentions of the respondents are without any legal basis. Hence, Ext.P9 is arbitrary and contrary to the prescriptions in Rule 2.1.4 of FSS Rules. It is declared that the petitioner having qualified in the 7 th Food Analyst Examination, 2021, possessed the necessary educational qualification and experience required to be issued with the qualifying certificate of the 7 th Food Analyst Examination, 2021. In view of the above, there will be a direction to the 2 nd respondent to forthwith issue to the petitioner the certificate, certifying her have qualified at the 7 th Food Analyst Examination, 2021, without undue delay. The writ petition is allowed as above.