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.5823, 5825 and 5828 of 2023

Dr.Sathesh Kumar M K ... Petitioner

-vs-

1. The Principal Secretary to Government

Govt. of Tamil Nadu,

Rep by Health and Family Welfare Department,

Fort St. George, Chennai - 600 009.

2.The Secretary to Govt,

Health and Family Welfare Department,

Fort St. george, Chennai - 600 009.

3.The Member Secretary,

Medical Services Recruitment Board,

7th Floor, DMS Building,

359, Anna Salai, Chennai - 600 006.

4.The Commissioner,

Food Safety and Drug Administration Department,

No. 359, Anna Salai,

D.M.S. Campus, Chennai - 600 006.

5.The Secretary,

Ministry of Health and Family Welfare,

Room No. 156A, Nirmal Bhawan, New Delhi - 110 011.

6.The Secretary, Ministry of Ayush, Ayush Bhawan, B-Block, GOP Complex, INA, New Delhi -110 023.

7.The Director(Regulations), Food Safety and Standards Authority of India, FDA Bhawan , Kotla Road, New Delhi - 110 002.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, calling for the records from the 3rd respondent and quash the impugned Notification No. 02/MRB/2021 dated 16.02.2023 non selection of the petitioner published in their official website on 21.02.2023 in regard to the post of Food Safety Officer as the same in per-se illegal, perverse, arbitrary, biased, untenable, smacks of malafide, ultra vires, unconstitutional and unsustainable in law and consequently direct the 3rd respondent to issue/publish Notification afresh for certificate Verification by including the Petitioners name under the Category of PSTM-BC,MBC, DNC, SC, SCA and ST candidates quota in regard to recruitment to the post of Food Safety officer and further directing the Respondents to consider the petitioners representation dated 21.02.2023 and 22.02.2023 thereby to call the petitioner for certificate verification under his application No. 117848 for the post of Food Safety Officer.

For petitioner : Mr.S.L.Sudarsanam Respondents For R3 : Mr.L.Murugavelu, Standing Counsel For RR1,2&4 : Mr.P.Kumaresan, AAG, Assisted by Mr.M.Bindran,AGP For RR5,6 : Mr.R.Rajesh Vivekanathan Deputy Solicitor General of India For R7 : 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 at Palayamkottai in tamil medium and has also completed his 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 o