ORDER :

Heard the Learned Counsel for the Petitioner and the Learned Assistant Government Pleader for Services-II.

2. The present Writ Petition is being filed to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other writ order or directions declaring the arbitrary rejection of the petitioner for selection to the post of Food Safety Officer by the 1st respondent and non ascertaining the 1st respondent the equivalency of BDS and MDS degree to that of a Degree in Medicine as illegal, arbitrary and violation of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to treat the qualification of BDS possessed by the petitioner as equivalent to that of degree in Medicine and consider the petitioner for Selection of 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 notification No.10/2019 on 31.12.2019 for the post of Food Safety Officer in the Director, Institute of Preventive Medicine (Health) Laboratories and Food (Health) Administration and Greater Hyderabad Municipal Corporation.

b) Since the petitioner is BdS Degree holder, as per the eligibility in the said notification, he applied for the same by fulfilling all other criteria. The petitioner received Hall Ticket and appeared for the said exam. The petitioner secured Rank No.13 overall.

c) As per the directions of the 1st respondent in Annexure – 4, and as per the check list of the 1st respondent, the petitioner submitted all the documents and obtained acknowledgment.

d) In the selection notification dated 18.07.2020 of the 1st respondent, the petitioner’s hall ticket number was not mentioned. As such the petitioner addressed a letter to the 1st respondent. As no action has been taken, the petitioner 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, 1