Allahabad High Court Refuses Plea To Declare Degree Of Physiotherapy As Equivalent To MBBS For Food Safety Officer Recruitment

The Allahabad High Court recently dismissed a petition seeking a direction to consider degree in Physiotherapy as a qualification at par with graduate bachelors degree in medicine.

The High Court considered the question whether qualification of the Petitioner as bachelor in Physiotherapy, decree of which has been conferred by the State Integral University, Lucknow amounts to a degree in medicine/medical science.

The Bench of Justice Ajit Kumar observed, “Thus it is either for the State Government to recognize such degree of Physiotherapy as equivalent to the bachelor’s degree in medicine or for Medical Council of India to recognize course of Physiotherapy as of medicine and unless and until State Government recognizes so or the appointing authority admits such degree to be degree required under the Service Rules as an academic qualification, this Court will not direct the authority to consider degree in question as a qualification at par with graduate bachelors degree in medicine as required under the relevant Service Rules.”

Advocate Satya Prakash Pandey represented the Petitioner, while Advocate Ajay Kumar represented the Respondent.

Case Brief

The Petitioner appeared and cleared the written examination held by the Public Service Commission for the post of Food Safety Officer in 2014. Later, the Petitioner was denied to appear in the interview on the ground that the Petitioner did not possess a bachelor's degree in medicine.

The Petitioner contended that Integral University of Lucknow was a recognized university by the University-Grants-Commission and hence courses conducted by University including the bachelor in Physiotherapy, which was a four years course, were also taken to be recognized one.

However, it was argued that a degree in medicine means degree recognized under the Indian Medical Council Act, 1956 and only an MBBS degree is recognized under the Indian Medical Council Act, 1956.

Court’s Analysis

The Allahabad High Court observed that to decide the question whether a degree in Physiotherapy is equivalent to degree in Medicine would fall outside the scope of jurisdiction of this Court under Article 226 of the Constitution.

“Thus, information given to the Public Service Commission clearly provided that only those confer degree but a degree in this subject Medical Science course would be conferred only in the event such a course in recognized by Medical Council of India as per parameters laid down by it and the institution like such Universities have been permitted to run courses by it. The question whether the word ‘medicine’ would include Physiotherapy or not, and even if Medical Council of India is silent, considering the definition given under Section 2-f of the Medical Council Act, 1956, if degree claimed as at par with medicine if so held, in my considered view, this would amount an act of holding a particular degree equivalent to degree required under the Service Rules, which certainly fall outside the scope of jurisdiction of this Court under Article 226 of the Constitution”, the Court held.

Further, the Court emphasised that the Medical Council of India is the ultimate statutory body, which recognizes courses of Medical Science, and therefore, in absence of recognition of a course to award degree in the subject of Medical Science, which may include Physiotherapy, Petitioner’s qualification, cannot be said to be a requisite qualification under the Service Recruitment Rules, 2012.

“In view of the above, therefore, I hold that the degree possessed by the petitioner, being bachelor in Physiotherapy, is not a degree of bachelor in medicine, a requisite academic qualification under Service Recruitment Rules , 2012”, the Court observed.

Accordingly, the Petition was dismissed.

Cause Title: Sandhya Yadav V. State of U.P. (Neutral Citation No. - 2025:AHC:105348)

Appearance:

Petitioner: Advocate Satya Prakash Pandey

Respondent: Advocates Ajay Kumar, Nisheeth Yadav, and Nishith Yadav

Click here to read/download Judgment