ORDER :

Heard the learned counsel for the petitioner and Learned Government Pleader appearing for the 1st respondent, learned standing counsel for respondent Nos.2 and 3.

2. The present Writ Petition is being filed seeking to issue a Writ of Mandamus declaring the arbitrary rejection of the Petitioner for selection to the post of Food Safety Officer by the 1st respondent and non ascertaining by the 1st respondent the equivalency of the BDS and MDS degree to that of a Degree in Medicine as illegal and consequently direct the respondents to treat the qualification of BDS possessed by the petitioner as equivalent to that of degree in Medicine and also consider the Petitioner for Selection to the post of Food Safety Officer notified vide notification no. 10/2019 as per merit and eligibility.

3. The case of the petitioner, in brief, is as follows:

a) The 1st respondent issued a notification vide Notification no. 10/2019 dated 31.12.2019 for the post of Food Safety Officer and Food (Health) Administration and Greater Hyderabad Municipal Corporation in the state of Telangana.

b) Petitioner being a BDS (Bachelor of Dental Surgeon) Degree Holder, applied for the said post and the Petitioner appearing for the examination had secured Rank No.220 as per the Rank List, for which the petitioner had been provisionally admitted for verification of certificates.

c) On 18.07.2020, a selection notification had been issued where the hall ticket number of the petitioner had not been mentioned. Aggrieved by the same, the petitioner had addressed a letter to 1st respondent and filed the present Writ Petition.

PERUSED THE RECORD :

4. G.O.Ms.No.20, dated 20.03.2018 issued by Principal Secretary to Government, Health, Medical & Family Welfare (C2) Department, brought about certain amendments in the G.O.Ms.No.459, HM & FW (L1) Department, dated 08.09.1994. The said notification and amendments read as under :

“ORDER:-

The Director (FAC), Institute of Preventive Medicine, Public Health Labs & Food (Health) Administration, Hyderabad, in his letter third read above, has furnished proposals to amendment to the "Telangana Institute of Preventive Medicine, Public Health Laboratories and Food (Health) Administration subordinate service Rules, 1994" issued in the G.O. first read above, for changing the nomenclature of the post of Food Inspector as Food Safety Officer in conformity with the Food Safety and Standards Act, 2006, (Central Act No.34 of 2006) and fixation of quota between Direct Recruitment and Promotees, in view of deletion of the earlier quota of 1/3 meant for Qualified Sanitary/Health Inspectors working in Panchayats, Municipal Corporations, Municipalities and Health Inspectors in Health & Medical Department.

2. Government after careful examination of the matter, hereby accept the proposal of the Director, Institute of Preventive Medicine, Public Health Labs & Food (Health) Administration, Hyderabad, to issue necessary amendments to the Telangana Institute of Preventive Medicine, Public Health Laboratories and Food (Health) Administration Subordinate Service Rules, 1994' issued in the G.O. first read above, with immediate effect.

3. The following notification will be published in the Telangana State Gazette, Dated.24/3/2018.

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Government of Telangana, hereby make the following amendments to the 'Telangana Institute of Preventive Medicine, Public Health Laboratories and Food (Health) Administration Subordinate Service Rules, 1994 issued in G.O. Ms.No.459, Health, Medical & Family Welfare (L1) Department, dt: 8.9.1994, and as amended from time to time:-

AMENDMENTS

1. In the said Rules, for the expression "Food Inspector (Non-Gazetted)" wherever it occurs, the expression "Food safety Officer shall be substituted.

2. In Rule 3,-

(i) in Column (3) of the Tab