The Rajasthan High Court has ruled that a Bachelor of Dental Surgery (BDS) degree cannot be treated as a “Degree in Medicine” for recruitment to the post of Food Safety Officer.
Justice Anand Sharma dismissed a writ petition filed by Arvind Kumar Gupta, who had challenged the Rajasthan Public Service Commission’s (RPSC) decision to reject his candidature for not possessing the required qualification. The judgment was delivered on August 29, 2025.
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Background of the Case
The dispute arose from a 2019 recruitment advertisement issued by RPSC for the post of Food Safety Officer. The advertisement required candidates to possess a degree in Food Technology, Biotechnology, Agriculture Science, Veterinary Science, Bio-Chemistry, Microbiology, a Master’s in Chemistry, or a “Degree in Medicine” from a recognized university.
Arvind Kumar Gupta, a BDS graduate from Rajasthan University of Health Sciences, applied for the post. However, in April 2025, RPSC rejected his candidature, stating that a BDS degree does not fall within the meaning of “Degree in Medicine.”
Challenging this decision, Gupta approached the High Court, arguing that dental surgery is a branch of modern medicine and should therefore qualify.
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Petitioner’s Argument
Appearing for the petitioner, counsel argued that the term “medicine” under the Indian Medical Council Act, 1956 refers to modern scientific medicine in all its branches, excluding veterinary medicine.
He contended that since dental surgery is a recognized branch of modern medicine, a BDS degree should be treated as a degree in medicine.
To support this claim, the petitioner relied on replies obtained under the Right to Information Act from institutions like AIIMS, New Delhi, and JIPMER, Puducherry, which stated that dental surgery is a branch of medicine.
The petitioner also cited a decision of the Madras High Court (Madurai Bench), which had earlier held that BDS degree holders were eligible to participate in recruitment for Food Safety Officer posts.
State’s Stand
The State Government and RPSC opposed the petition.
The Additional Government Counsel argued that a degree in medicine refers specifically to MBBS and its related medical disciplines such as radiology, cardiology, pediatrics, and general medicine — not dentistry.
It was further submitted that the Food Safety and Standards Authority of India (FSSAI) had clarified that “Degree in Medicine” does not include degrees awarded in other systems or branches.
The State emphasized that prescribing eligibility qualifications is the employer’s domain. Courts, it argued, cannot expand or modify these criteria.
The government also pointed out that the Madras High Court ruling relied upon by the petitioner had been stayed by a Division Bench.
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Court’s Observations
Justice Anand Sharma examined the scope of judicial review under Article 226 of the Constitution.
“The employer, having initiated a recruitment process, is entitled to prescribe qualifications,” the court observed. It added that courts cannot step into the role of an expert body to determine equivalence of degrees.
Relying on Supreme Court precedents, including Zahoor Ahmad Rather v. Sheikh Imtiyaz Ahmad, the bench noted that equivalence of qualifications is a matter for the recruiting authority, not the judiciary.
The court also referred to decisions where expert committees had examined whether BDS and MDS degrees could be considered equivalent to a degree in medicine. In those cases, expert bodies concluded that dental degrees were not included in the statutory definition of “Degree in Medicine.”
Importantly, the court highlighted that no notification from the Central Government declared BDS equivalent to a degree in medicine for the purpose of Food Safety Officer recruitment.
“In such circumstances, there is no scope of interference,” the judge remarked, making it clear that judicial review cannot be used to rewrite eligibility rules.
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The Decision
After considering the submissions and legal position, the High Court dismissed the writ petition.
The court held that a BDS degree cannot be treated as a degree in medicine for the purpose of eligibility under the 2019 recruitment advertisement.
“There is no substance and merit in the writ petition,” Justice Sharma concluded while dismissing the case. Pending applications, if any, were also disposed of.
Case Title: Arvind Kumar Gupta v. State of Rajasthan & Ors.
Case No.: S.B. Civil Writ Petition No. 7617/2025
Decision Date: 29 August 2025
