BDS, Siddha also come under practice of modern medicine: Madras HC

Madurai: The Madurai bench of Madras High Court has recently held that the expression "degree in medicine" should be understood expansively and it shall also include degree in Siddha medicine and BDS.

With this, the HC bench dismissed the argument by the Tamil Nadu Government which had held that “Bachelor's degree in medicine” would refer only to modern scientific medicine in all its branches and includes surgery and obstetrics. It was the stand of the Government that the "degree in medicine" refers only to MBBS degree and not other systems of medicine such as Siddha.

Clarifying that the concerned expression "degree in medicine" cannot be given a restrictive meaning, the HC bench of Justice G R Swaminathan further observed, "Siddha system of medicine is unique to Tamil Nadu. It is part of Tamil Culture. Earlier, every temple in Tamil Nadu would have a functioning Siddha dispensary attached to it. I do not know if that is still the current position. I take judicial notice of the fact that the department of Siddha is undertaking researches."

"During Covid crisis, the role played by the Siddha doctors cannot be lost sight of. When Dengue struck us, the Government itself promoted Nilavembu Kashayam. Disqualifying a Siddha degree holder in the selection process tantamounts to branding Siddha system as un-modern. Any system of knowledge can be dynamic. Any system may be ancient or modern. The question is whether it is up to date and relevant to our requirements. It is in the hands of the practitioners to keep a system of knowledge alive. It is for the government of Tamil Nadu to ensure that Siddha system of medicine remains current," pointed out the HC bench.

Referring to the fact that recently all the candidates need to clear the National Eligibility-cum-Entrance Test (NEET) to gain entry to any of the medical courses, the HC bench also noted, "It is stated that for pursuing any medical course namely, MBBS, BDS or Siddha, one has to pass “NEET”. The expression “degree in medicine” would include not only degree in Siddha medicine but also BDS. BDS is also a system of medicine dealing with dentistry. It is a recognized modern system also."

These observations were made by the High Court bench while it was considering a batch of pleas raised by BDS and Siddha graduates. These graduates from different branches of medicine sought the intervention of the Court after the Medical Services Recruitment Board (MRB) denied considering them for the post of Food Safety officers.

MRB was selecting candidates for these posts on temporary basis in Tamil Nadu Food Safety and Drug Administration Department. The applications of the petitioners were accepted and they wrote the written examination as well on 20.12.2022. However, the selection list published by the Board did not mention their names. Later, they got to know that Siddha medicine/BDS were not considered for the post. Thereafter they approached the HC bench and prayed for quashing the selection list and a direction upon the board for a fresh selection list by considering the candidatures of the petitioners.

The bench noted that the educational qualification prescribed for the post of Food Safety Officers included a "Bachelor's degree in medicine from a University recognised by the University Grants Commission.”

Even though the basic qualification required for this post was a "Bachelor's degree in medicine", the Government authorities argued that the term would refer only to modern scientific medicine in all its branches and includes surgery and obstetrics. According to them, the term only refers to MBBS degree and not other systems of medicine such as Siddha. It was further submitted that the Food Safety and Standards Authority of India had issued clarification in this regard on 12.10.2022.

In that clarification, the Food Safety and Standards Authority of India had referred to an interim order passed by the Allahabad High Court, which had held that degree in medicine does not include any other system of medicine and it will not be proper to include or any other degree awarded by councils under other acts in to degree of medicine.

While the Madras HC bench held that the concerned order is entitled to great respect, it also noted, "...it is obvious that it is not binding on me. It was only an interim order. The reasons set out in an interim order cannot have any precedential value."

Meanwhile, the Additional Advocate General as well as the Dy.Solicitor General of India contended that the essential qualification for appointment to a post is a matter to be exclusively dealt with by the employer and the court should not interfere in the matter.

After taking note of the arguments, the HC bench also perused the Section 2(f) of The Indian Medical Council Act, 1956 which states, “'medicine' means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery”. The National Medical Commission Act, 2019 also retains the very same definition.

The bench also perused Section 37 of FSSAI Act 2006, which stated, "The Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, 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 rules and regulations made thereunder."

At this outset, the bench also referred to Rule 2.1.3 of Food Safety and Standards Rules, 2011 specifying the qualification for Food Safety Officer. The Rules stated that the qualification for the post of Food Safety Officer should be, "a degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or BioChemistry or Microbiology or Masters Degree in Chemistry or degree in medicine from a recognized University."

Referring to these rules, the bench observed, "If the FSS Act, 2006 and the Indian Medical Council Act, 1956 are in pari materia or if there is a broad overlap of the statutory schemes underlying them, then, the definition found in the earlier Act can be imported into the later Act. That is clearly not the case here."

"Central Act 102 of 1956 provides for the reconstitution of the Medical Council of India and the maintenance of a medical register for India and for matters connected therewith. Central Act 34 of 2006 is meant to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. I do not find anything common between the two statutes," it further noted.

Pointing out that the Rule does not exclude the Indian System of Medicine, the bench further clarified, "Hence, it would not be proper to narrowly construe the qualification set out in Rule 2.1.3 in the light of Section 2(f) of the Central Act 102 of 1956. Nothing stopped the Central Government to couch the text of Rule 2.1.3 of FSS Rules, 2011 by referring to the definition set out in Section 2(f) of the Central Act 102 of 1956. The Rule does not exclude the Indian system of medicine. When the statutory Rule is generally worded, it is not for the writ court to narrow down its scope."

After parsing the concerned Rules 2.1.3 of FSS Rules, 2011, the bench noted, "I am not able to find any common denominator among the qualifications prescribed above. Section 2(f) of Central Act 102 of 1956 specifically excludes veterinary medicine and surgery. But Rule 2.1.3 states that holders of degree in Veterinary Sciences are eligible. The Rule is broad and sweeping. It virtually declares that any science or medical graduate is eligible to become Food Safety Officer. Otherwise, the category excluded in Section 2(f) of the Central Act 102 of 1956 will not be included in the Rule."

Therefore, observing that the term "degree in medicine" should be understood expansively, the bench mentioned in the order,

"The expression “degree in medicine” cannot therefore be given a restrictive meaning... Since there is no common denominator in the eligibility qualifications prescribed in the 2011 Rules, I hold that the expression “degree in medicine' should be understood expansively. Medical degree awarded by recognized University would fall within the sweep of the Rule."

The court also pointed out the uniqueness of Siddha system of Medicine in Tamil Nadu and referred to the role played by Siddha doctors during the COVID crisis and clarified that "It is for the government of Tamil Nadu to ensure that Siddha system of medicine remains current."

"The modern age starts from the age of reason. We date it back to 16th Century. Though the subsequent developments can be termed modern, we will reject them as outdated and archaic if they are not up to date. It is on account of linear approach, we arbitrarily talk of ancient and modern. In a sense, nothing is ancient and nothing is modern. Everything depends on whether the system of knowledge or practice is a functioning reality. I hold that the expression “medicine” obviously includes Siddha system of medicine," further observed the bench.

Acknowledging both the Siddha and BDS graduates for the post of Food Safety Officer, the bench ordered the State for quashing the selection list and issue a revised selection list after considering the petitioner.

"Since it is a functioning system and there are siddha practitioners, it deserves to be called as modern also. The Government is running siddha medical colleges. They have been duly recognized. The syllabus and course content indicate that the endeavour is to keep the students abreast of the modern developments. During the recent past, to gain entry into medical course, one has to clear an eligibility test known as “NEET”. It is stated that for pursuing any medical course namely, MBBS, BDS or Siddha, one has to pass “NEET”. The expression “degree in medicine” would include not only degree in Siddha medicine but also BDS. BDS is also a system of medicine dealing with dentistry. It is a recognized modern system also. I therefore hold that the petitioners are entitled to be considered for the post of “Food Safety Officer”. The impugned selection list is quashed to the extent it excludes the petitioners. The respondents shall consider the petitioners also and issue a revised selection list," read the order.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-order-siddha-bds-206184.pdf

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