MBBS Mandatory! Karnataka HC junks dentist's plea challenging cancellation of transfer as Taluk Health Officer

Bengaluru: Dismissing the plea filed by a dentist, the Karnataka High Court recently held MBBS degree mandatory for the post of Taluk Health Officer and stated that a BDS graduate cannot be considered a General Duty Medical Officer and therefore, cannot be posted as a Taluk Health Officer as per the Karnataka Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011.

These observations were made by the HC Division bench comprising Justices MI Arun and Umesh M Adiga while considering a plea by a dentist, who challenged the cancellation of her transfer as a Taluk Health officer.

After perusing the Karnataka Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011, the HC bench observed that while she is a Medical officer as per the provisions of the Act, "However, General Duty Medical Officer is a post and similarly Senior Dental Health Officer is also a post under the State service. A Senior Dental Health Officer is a BDS graduate, whereas, General Duty Medical Officer is a MBBS graduate. Apart from these posts, there are several posts as mentioned in Schedule I to the Act, who all are considered as Medical Officers for the purposes of the Act, but they are not General Duty Medical Officer. General Duty Medical Officer is a separate category of post, who is also considered as a Medical Officer."

Observing that the petitioner is not an MBBS graduate, the HC bench opined that she could not be considered as a General Duty Medical Officer and resultantly, she was not entitled to hold the post of a Taluk Health Officer.

The petitioner is a dentist and an employee of the State Government. She was posted as Taluk Health Officer, Kundgol on 02.01.2023. However, her transfer was cancelled by an order dated 08.09.2023. Claiming that the said order amounted to a premature transfer, the petitioner had approached the Karnataka Administrative Tribunal. However, while considering her application, the KAT held that she was not entitled to hold the post of Taluk Health Officer and dismissed the application.

Aggrieved by the KAT order dated 24.02.2024, the petitioner approached the HC bench and filed a plea. It was argued by the petitioner that she is a Class I Officer (Group A) and as per the government guidelines, she could not have been transferred from the post she held as Taluk Health Officer, Kundgol for a period of three years from 02.01.2023. 

She further contended that she is a Medical Officer as per the provisions of the Karnataka State Civil Services (Regulation of Transfer to Medical Officers and Other Staff) Act, 2011 and therefore, she is entitled to hold the post of Taluk Health Officer. The petitioner argued that KAT erred in holding it otherwise and for that reason prayed to set aside the order cancelling her transfer as a Taluk Health Officer, Kundgol. On the other hand, the counsel for the State justified the order passed by KAT and prayed for the dismissal of the plea before the HC bench.

While considering the question of whether the petitioner was entitled to hold the post of Taluk Health Officer, the Karnataka HC bench noted that as per the notification dated 02.06.2011 bearing a Government Order No., a General Duty Medical Officer is entitled to hold a post of Taluk Health Officer.

Further, the bench perused a Gazette notification dated 17.07.1992, where the Karnataka Directorate of Health and Family Welfare Services (Recruitment) (Amendment) Rules, 1992 were passed. As per Section 8 read with Section 3(1) of Karnataka State Civil Services Act, 1978, which speaks about different categories of government doctors, one such category is General Duty Medical Officer and he is required to possess a MBBS Degree, noted the HC bench.

"Thus reading of the aforementioned provisions makes it clear that a Taluk Health Officer has to be a General Duty Medical Officer and he should possess a MBBS Degree. Admittedly, the petitioner in the instant case is a dentist and she does not possess a MBBS Degree," observed the bench.

Noting that the petitioner was relying upon section 2(g) of the Karnataka Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011, the bench perused the same and other provisions.

"Perusal of the said enactment and also the specific provisions of the Act relied upon by the petitioner shows that the said enactment defines who is a Medical Officer under the State service in terms of the post held by him. It is submitted that the petitioner is presently working as a Senior Dental Health Officer. She is definitely a Medical Officer as per the provisions of the Act. However, General Duty Medical Officer is a post and similarly Senior Dental Health Officer is also a post under the State service. A Senior Dental Health Officer is a BDS graduate, whereas, General Duty Medical Officer is a MBBS graduate," the HC bench observed at this outset.

Therefore, upholding the KAT order and opining that her posting as a Taluk Health Officer, Kundgol was erroneous, the bench clarified,

"For the aforementioned reasons, the petitioner is not a MBBS graduate, she cannot be considered as a General Duty Medical Officer and thus, she is not entitled to hold the post of a Taluk Health Officer. Admittedly, her posting as a Taluk Health Officer, Kundgol was erroneous. Realizing the same, the State Government has recalled the said order. For the said reason, we do not see any error in the order passed by the KAT."

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/karnataka-hc-bds-graduates-not-gdmo-236216.pdf

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