Under the Regulation of Transfer of Medical Officers and Other Staffs Act 2011, the Karnataka High Court declared that Dentists with a BDS degree cannot become Taluk Health Officers, stating clearly that only individuals holding an MBBS degree and serving as General Duty Medical Officers are eligible for this administrative and public-health-oriented position. The court emphasized that the role of a Taluk Health Officer involves responsibilities such as epidemiological supervision, public health management, and clinical decision-making at the taluk level, which, according to the State’s interpretation of the 2011 notification, require the broader medical training associated with an MBBS qualification.
A petition was filed by Dr. Vidyavathi U Patil, a dentist and government employee. The reason was the cancellation of her post of Taluk Health Officer on September 8, 2023, which she owned in the same year on January 2nd. She argued that this cancellation came abruptly and caused professional hardship, as she had already assumed charge and had begun carrying out administrative duties, including supervising primary health centres and coordinating government health programmes.
She moved the Karnataka State Administrative Tribunal terming it as a premature transfer. However, the tribunal was rejected on January 24, 2024, and said that Dr. Vidyavathi is not eligible for the post because she is a dentist with a BDS degree.
She claimed that she is entitled to hold this post of Taluk Health Officer as per 2011 rules.
She argued before the high court, that she is a Class 1 (Group A) officer and the transfer cannot happen before a minimum period of 3 years as per the guidelines.
The petitioner cannot be considered a general duty medical officer as she doesn't have an MBBS degree.
The Court's Division Bench
A division bench of Justices MI Arun and Umesh M Adiga dismissed this petition.
According to the court, Dr. Vidyavathi is indeed a health officer as per the provisions of the Act but at the same time, the court's division bench noted that only a general duty medical officer is eligible to hold the post of Taluk Health Officer as per the notification issued on June 2, 2011.
(Input from various media sources)
(Rehash/ Dr. Pragati Priya/MSM)
