As per the eligibility criteria laid out in the U.P. Food Safety and Drug Administration Department (Food Safety Cadre) Service Rules, 2012, a "degree in medicine" is one of the qualifications for the post.
Filing the plea, the petitioner had challenged the Commission's rejection of her candidature for the Food Safety Officer post despite having cleared the written examination.
The petitioner graduated in Physiotherapy from Integral University, Lucknow. She argued that her qualification fell within the broader ambit of medicine. Her counsel argued that the University Grants Commission (UGC), in a 2014 notification, had recognised Physiotherapy under "Health and Allied Sciences" category. Further, the petitioner argued that her curriculum included subjects like surgery, neurology, orthopaedics, and rehabilitation, qualifying it as modern scientific medicine.
While considering the issue, the HC bench agreed with UPPSC and the State Government, which argued that only a Bachelor of Medicine and Bachelor of Surgery (MBBS) degree recognized under the Indian Medical Council Act, 1956, fulfilled the requisite academic criterion. It was observed that the erstwhile Medical Council of India had not recognized Physiotherapy as equivalent to a degree in medicine and neither the State nor the Central Government had issued any notification making such a declaration.
Relying on previous judgments, the HC bench reiterated that determining equivalence of qualifications was not within the Court's domain but lied solely with expert bodies and government authorities.
"Thus it is either for the State Government to recognize such degree of Physiotherapy as equivalent to the bachelor’s degree in medicine or for Medical Council of India to recognize course of Physiotherapy as of medicine and unless and until State Government recognizes so or the appointing authority admits such degree to be degree required under the Service Rules as an academic qualification, this Court will not direct the authority to consider degree in question as a qualification at par with graduate bachelors degree in medicine as required under the relevant Service Rules," observed the Court.
While the Court observed that it could have considered the petitioner's prayer and refer the matter to the State Government for considering and passing appropriate orders regarding equivalence as a bachelor's in medicine degree or refer it to the Central Government, it noted that no such prayer was made.
"In view of the above, therefore, I hold that degree possessed by the petitioner, being bachelor in Physiotherapy, is not a degree of bachelor in medicine, a requisite academic qualification under Service Recruitment Rules , 2012. The Court could have considered the prayer of the petitioner and refer the matter to the State Government for considering and passing appropriate orders regarding equivalence qua bachelors in medicine degree or for that matter to the Central Government, but I find that there is no such prayer made. I further find that this selection pertains to the year 2014 advertisement, which has been completed. Once selection process has come to an end, now this Court cannot permit reopening of selection at this stage," observed the HC bench.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/allahabad-hc-order-293937.pdf
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