Dentist With BDS Degree Can't Be Appointed As Taluk Health Officer, Must Possess MBBS Degree: Karnataka High Court

The Karnataka High Court has made it clear that a dentist cannot be appointed to the post of Taluk Health Officer it has to be a General Duty Medical Officer and he/she should possess an MBBS Degree.

A division bench of Justice M I Arun and Justice Umesh M Adiga dismissed the petition filed by Dr Vidyavanthi U Patil challenging the order of the Karnataka State Administrative Tribunal which rejected her application questioning the order of transfer as Taluk Health Officer, being cancelled.

The petitioner argued that she is a Class I Officer (Group A) and as per the government guidelines, she could not have been transferred from the post she held as Taluk Health Officer, Kundgol for a period of three years from 02.01.2023. Further, she is a Medical Officer as per the provisions of the Karnataka State Civil Services (Regulation of Transfer to Medical Officers and Other Staff) Act, 2011, she is entitled to hold the post of Taluk Health Officer and KAT erred in holding it otherwise.

The bench noted that as per the notification dated 02.06.2011 a General Duty Medical Officer is entitled to hold a post of Taluk Health Officer. The gazette notification dated 17.07.1992, Karnataka Directorate of Health and Family Welfare Services (Recruitment) (Amendment) Rules, 1992, is passed under Section 8 read with Section 3(1) of Karnataka State Civil Services Act, 1978, which speaks about different categories of government doctors and one such category is General Duty Medical Officer and he is required to possess an MBBS Degree.

Following which it held “Thus reading of the aforementioned provisions makes it clear that a Taluk Health Officer has to be a General Duty Medical Officer and he should possess a MBBS Degree. Admittedly, the petitioner in the instant case is a dentist and she does not possess a MBBS Degree.”

Referring to Section 2 (g) of the Karnataka Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011, the Court said that the petitioner was presently working as a Senior Dental Health Officer. It stated that she was definitely a Medical Officer as per the provisions of the Act.

However, it was stated that the General Duty Medical Officer is a post and similarly, the Senior Dental Health Officer is also a post under the State service. A Senior Dental Health Officer is a BDS graduate, whereas a General Duty Medical Officer is an MBBS graduate, it said.

It then held “General Duty Medical Officer is a separate category of post, who is also considered as a Medical Officer. For the aforementioned reasons, the petitioner is not a MBBS graduate, she cannot be considered as a General Duty Medical Officer and thus, she is not entitled to hold the post of a Taluk Health Officer.”

Dismissing the petition it said that her posting as a Taluk Health Officer, Kundgol was erroneous, and realising the same, the State Government recalled the said order. For this reason, the Court refused to interfere with the KAT order.

Appearance: Advocate H.R. Gundappa for Petitioner.

Government Advocate G.K. Hiregoudar for Respondent

Citation No: 2024 LiveLaw (Kar) 179

Case Title: Dr Vidyavanthi U Patil AND State of Karnataka

Case No: WRIT PETITION NO.100881 OF 2024

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