BDS Degree Not Equivalent To 'Degree In Medicine' For Food Safety Officer Post: Rajasthan High Court

The Rajasthan High Court has rejected a petition filed by an aspirant for the post of Food Safety Officer, opining that the issue regarding equivalence of a bachelor's degree in Dental Surgery (BDS) to a degree in Medicine was already answered in negative by an expert committee, and hence, there was no scope of interference by the Court in the same.

The bench of Justice Anand Sharma further held that the Court anyways did not have the liberty to interfere with the eligibility criteria for a post, in a manner that resulted in revising or modifying the criteria prescribed by the State as the recruiting authority.

The petitioner had a degree in BDS, and had applied for the post of Food Safety Officer advertised by the Rajasthan Public Service Commission (RPSC) wherein the prescribed eligibility criteria was a Degree in Medicine.

Petitioner's candidature was rejected on the ground that BDS was not equivalent to a Degree in Medicine. Hence, petition was filed.

It was argued on his behalf, that firstly the definition of “medicine” under the Indian Medical Council Act, 1956, gave certain exclusions which did not include dental, which indicated that otherwise, the definition was an inclusive one covering modern scientific medicine in all its branches.

Further, the petitioner put forth the responses received from Centre for Dental Education and Research (AIIMS, Delhi) as well as Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry, towards his RTI application. It was asked whether dental surgery was a branch of medicine, to which responses in affirmative was received from these places.

On the contrary, it was argued on the State's behalf that degree in medicine was altogether different from BDS. Reference was made to the Telangana High Court case of Dr. Nagaraju Tanneru & Another Vs. the State of Telangana & Others that constituted an Expert Committee on this question.

The committee resolved that the degree in Medicine referred to in the 1956 Act made no mention of Dental degree, neither such degree was mentioned in the schedule of the Act. Hence, BDS was not equivalent to a degree in medicine.

The State further argued that in the capacity of an employer, the State was entitled to prescribe eligibility conditions for a post, taking into account factors like the nature of the job, aptitude needed, duties, functionalities etc.

After hearing the contentions, the Court aligned with the arguments put forth on behalf of the State. It was held that judicial review under Art. 226, could not be exercised to expand the qualifications prescribed for any post, or to decide equivalence of the prescribed qualifications with any other qualifications.

Reference was made to certain Supreme Court cases which held that equivalence of qualification was a matter within the sole ambit of the State as the recruiting authority, and cannot be decided by the Courts.

The Court further highlighted the resolution by the Expert committee on the matter, and held that when the expert committee had already concluded that there was no equivalence of BDS to Degree in Medicine, Court had no scope of interference.

Accordingly, the petition was dismissed.

Title: Arvind Kumar Gupta v State of Rajasthan & Anr.

Citation: 2026 LiveLaw (Raj) 61

For Petitioner: Mr. Siddharth Ranka

For Respondents: Mr. Archit Bohra, AAG, with Mr. Rahul Verma and Mr. Jitendra Kumar

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