IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA

and W.M.P.Nos.10680, 10681 of 2023

L.Santhosh Kumar ... Petitioner

-vs-

1.The Member secretary

Medical Service Recruitment Board,

Government of Tamilnadu,

No. 359, Anna Salai, Chennai - 06.

2.The Secretary,

Health and Family Welfare Department,

St. Fort George, Chennai - 600 009.

3.The Union of India,

Represented by its Secretary,

Ministry of Health and Family Welfare,

R.No. 156A, Nirmal Bhavan,

New Delhi - 110011.

4.The Secretary,

Ministry of Ayush, Ayush Bhavan,

B-Block, GPO Complex, INA,

New delhi - 110023.

5.The Director (regulations),

Food Safety and Standards Authority of India,

FDA Bhawan,

Kolta Road, New Delhi - 110002.

(R5 SUO MOTU IMPLEADED VIDE ORDER DT 13.04.2023 MADE IN WP.10733/2023 BY PDAJ)

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, Call for the records of the impugned selection list of the first respondent in notification No. 02 / MRB / 2021 dated 16.02.2023 and quash the same as illegal for non inclusion of petitioner to the selection list of food safety officer and consequently direct the first respondent to publish a fresh selection list by considering the petitioner under PSTM / B.C. Quota and proceed with the selection based on the new list with in the stipulated time period.

For petitioner : Mr.K.Gandhi Kumar Respondents For R1 : Mr.L.Murugavelu, Standing Counsel For R2 : Mr.P.Kumaresan, AAG, Assisted by Mr.M.Bindran,AGP For RR3-4 : Mr.V.Ashok Kumar, SPC For R5 : Mr.Su.Srinivasan, CGSC ******

ORDER

This writ petition has been filed to quash the impugned notification dated 16.02.2023 by Medical Services Recruitment Board (hereinafter referred as “MRB”) and consequently, to direct the MRB to issue / publish a notification afresh for certificate verification by including the petitioner’s name in the cadre of “PSTM Candidates” relating to the recruitment for the post of Food Safety Officer.

2. The sum and substance of the petitioner’s grievance articulated in this writ petition are as follows:

2.1. The petitioner has completed a medical degree of Siddha Medicine and Surgery (BSMS) in Government Siddha Medical College Hospital in tamil medium and subsequently, completed his PG MD (Siddha) and has also completed her schooling till his medical degree in tamil language only. The MRB had called for direct recruitment for the post of Food Safety Officer vide their publication dated 13.10.2021, in notification No.2/MRB/2021. The petitioner had applied for the above post for which there is 20 percent reservation under the category of PSTM Quota (Persons Studied in Tamil Medium) and as amended by the State Government, under the specific PSTM Act, 2010, for those who have studied in tamil language in their primary, secondary and higher secondary schooling till their graduation, are eligible for government services. One of the qualifications prescribed in the notification for the above post was a Bachelor’s Degree in Medicine from the University recognized by the University Grants Commission.

2.2. It is the contention of the petitioner that a Bachelor’s Degree in Siddha Medicine and Surgery (BSMS) is a degree equivalent to MBBS degree in Medicine and is regulated under Sections 2(h) and 35 of the National Commission for Indian System of Medicine Act, 2020, (hereinafter referred as “the NCISM Act”). It is a recognized medical qualification to practice medical profession. It is the contention of the petitioner that the Hon’ble Supreme Court in the case Civil Appeal No.4578 of 2021 had observed that the Bachelor of Siddha Medicine and Surgery degree is also one among the recognized medical qualifications under Sections 2(h) and 35 of the NCISM Act and under Sections 2(f) and 35 of NCH Act, 2020 with the course duration of 5 1/2 years. These degrees also possess full pledged PG courses and PhD courses similar to that of MBBS and are regulated by the concerned Nation