A Bachelor in Physiotherapy is not equivalent to a Bachelor in Medicine as required under the Service Rules, as determined by the Medical Council of India.

JUDGMENT :

Ajit Kumar, J.

1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri S.P. Pandey, learned counsel for the petitioner, Sri Nisheeth Yadav, learned counsel for the contesting respondent U.P. Public Service Commission and Sri Vishal Singh, learned Standing Counsel for the State respondents.

2. Briefly stated facts of the case are that U.P. Public Service Commission issued an advertisement on 14^th July, 2014 bearing advertisement No. A-2/E-1/2014 inviting application on the post of Food Safety Officer prescribing certain qualifications for a candidate to apply against the same.

3. The petitioner appeared in the written examination held by Public Service Commission and for having passed out successfully in the written examination she was issued with call letter dated 5.12.2014 for the interview scheduled on 19.12.2014. However, when the petitioner approached the Commission to participate in the interview, she was not permitted to participate. Final results came to be declared on 29^th January, 2015 and the petitioner’s candidature having been rejected, she filed petition before this Court on 28^th January, 2015 itself. The grievance of the petitioner is that she possessed requisite qualification as prescribed for under the advertisement and accordingly she was permitted to participate in the written examination, however, when she came to participate in interview, she was not permitted to participate for the reason that she did not possess bachelor’s decree in medicine. It was argued on behalf of the petitioner that Integral University of Lucknow was a recognized university by the University-Grants-Commission and hence courses conducted by University including the bachelor in Physiotherapy, which was a four years course, were also taken to be recognized one.

4. It was argued on behalf of the petitioner that bachelor in Physiotherapy was a degree conferred upon a candidate who underwent four years’ course by rigorous study of various subjects that included theory in General Surgery, clinical Neurology & Neurosurgery, Clinical Orthopaedics, Biomechanical & Kinesiology, Physical Medicine & Rehabilitation, Physiotherapy Ethics and Laws as practical subjects under General Surgery Lab, Clinical Neurology & Neurosurgery Lab, Clinical Orthopaedics Lab and Biomechanics & Kinesiology Lab.

5. It was argued that Section 2-f of the Indian Medical Counsel Act, 1956 defined medicine which meant Modern Scientific Medicine in all its branches and included in it surgery bio-statics, but did not include veterinary medicine and surgery. Thus, according to learned Senior Advocate, the curriculum that was prescribed for degree of bachelor in Physiotherapy as referred to hereinabove, would be sufficient to hold it to be category of medicine. It was argued that all the branches that prescribed for course of bachelor in Physiotherapy were all related to Modern Scientific Medicine in its different branches and included medicine study and surgery also.

6. Sri Khare also placed before the Court the notification of the University-Grants-Commission dated March, 2014 that defines various degrees and recognizes degree of bachelor of Physiotherapy as degrees relating to medicine in Surgery /Ayurveda /Unani /Homeopathic /Health and Allied Sciences /Paramedical /Nursing. Sri Khare further submitted that there being no quarrel about status of the University and the degree obtained by the petitioner, th