The Karnataka High Court under Justice Anant Ramanath Hegde in Dr. Satyakk and Government of India & others (Writ Petition No. 200151 of 2022) dismissed an appeal brought by a medical graduate who questioned the Department of Health and Family Welfare Service’s decision to deny his application for the position of Medical Officer on the basis that he received his degree from a Chinese university.
FACTS
The petitioner in this case is aggrieved by the endorsement dated 01.09.2021 at Annexure-L wherein respondent No.5 has rejected the application filed by the petitioner who was filed an application to consider her candidature for the post of Medical Officer in terms of notification dated 10.09.2020. The Competent Authority issued notification on 10.09.2020 inviting applications for the post of Medical Officer in different discipline and prescribed the qualification. In terms of the qualification prescribed, the applicant must possess MBBS Decree from the University established in India. Admittedly, the petitioner has secured her graduation in Medicine from the University in China. In other words, in terms of the notification at Annexure-E, the degree from foreign 4 University is not recognized. Under the circumstances Annexure-L is issued.
JUDGEMENT
It is also submitted that that the screening test cleared by the petitioner may enable the petitioner to practice medicine in India. However, that cannot be the basis for the petitioner to compel the State of Karnataka to recognize the degree from University in China to consider her application seeking appointment. It was submitted that, the qualification is prescribed by the State of Karnataka and the State of Karnataka has got the power to prescribe necessary qualification for the Medical Officers to be appointed by the State. The eligibility criteria fixed by the Maharastra State is not binding on the State of Karnataka. It is also submitted that that the screening test cleared by the petitioner may enable the petitioner to practice medicine in India. However, that cannot be the basis for the petitioner to compel the State of Karnataka to recognize the degree from University in China to consider her application seeking appointment. Merely because neighbouring States have followed a different yardstick where they have recognized the medical degree from the foreign University, it cannot be contended that the qualification prescribed by the State of Karnataka in not recognizing the Medical Degree from the foreign University is erroneous. The State is within its power to prescribe the qualification for the posts, which it intends to fill-up.
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JUDGEMENT REVIEWED BY VAISHNAVI SINGH
