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.11448, 11449 of 2023

Dr.S.Haritha ... Petitioner

-vs-

1. The Director(Regulations),

Food Safety and Standards Authority of India,

FDA Bhawan,

Kotla Road, New Delhi - 110 002.

2.The Secretay to Government,

Health and Family Welfare Department,

Government of Tamil Nadu,

Secretariat, Chennai - 600 009.

3.The Member Secretary,

Medical Services Recruitment Board,

7th Floor, DMS Buildings,

Anna Salai, Teynampet, Chennai - 600 006.

4.National Medical Commission of India,

Rep. by its Secretary, Pocket, 14, Sector -8,

Dwaraka Phase-1, New Delhi -110 077.

5.The Joint Secretary,

Dental Council of India,

Aiwan E-Ghalib Marg, Kotla Road,

Temple Lane, Opp. to mata Sundari College for Women, New Delhi-110002.

6.The Registrar, The Tamil Nadu Dr. M.G.R. Medical University, No. 69, Anna Salai, Guindy, Chennai - 600 032.

7.Union Of India, Rep. by Secretary to Government, Government of India, Ministry of Health and Family Welfare, Room No. 156-A, Nirman Bhavan, New Delhi - 110011.

(R7 SUO MOTU IMPLEADED VIDE ORDER DT 17.04.2023 MADE IN WP.11551/2023 BY PDAJ)

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned list of ineligible candidates bearing No. 02/MRB/2021 issued by the 3rd respondent dated 13.03.2023 and quash the same in so far as the petitioner name is concerned which is in S.No. 132, Application/register No. 137994 and Roll No. 201032192, and consequently direct the respondents to issue an order of an appointment to the petitioner as food safety Officer on temporary basis in Tamil Nadu Food safety and Drug Administration department.

For petitioner : Mr.R.Pushpalatha Respondents For R3 : Mr.L.Murugavelu, Standing Counsel For R2 : Mr.P.Kumaresan, AAG, Assisted by Mr.M.Bindran,AGP For R4 : Mr.S.Subharanjani Anandh For R1 : Mr.Su.Srinivasan, CGSC For R7 : Mr.V.Ashok Kumar, Standing Counsel For R5 : Mr.Subramanian Vaidyanathan For R6 : Mr.G.Arumugam ******

ORDER

This writ petition has been filed to quash the impugned notification dated 13.03.2023 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 “SC/Women 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 in BDS (Bachelor of Dental Surgery). 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 a reservation under the category of SC/Women Quota. 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 BDS (Bachelor of Dental Surgery) 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 Dental 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 National Commiss