SATYAPRATA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants, who have appeared in the Entrance Examination for Post-Graduate (Medical) Selection 2012, Odisha are challenging the validity of Clause 11.2 of the Prospectus for selection of candidates for Post- Graduate (Medical) Courses in the Government Medical Colleges of Odisha for the Academic Year, 2012, as violative of Article 14 of the Constitution of India.

(3.) The appellants appeared in the entrance examination as direct candidates (Open Category) and have qualified purely on merit for admission to Post Graduate (Medical) Courses 2012 in the Government Medical Colleges in Odisha. The Prospectus issued for Post-Graduate (Medical) Selection, 2012, Odisha deals with the availability of the seats both in the category of direct as well as in-service. Clause 4 of the Prospectus gives the category-wise details of the seats for P.G. (Medical) Courses in three Government Medical Colleges in Odisha for the Academic Year 2012. For the category MD/MS Course, in-service category, 87 seats are available and for direct category, 86 seats are available, totaling 173 seats. Appellants, who fall under the category of direct candidates, as already indicated, are aggrieved by Clause 11.2 of the Prospectus which stipulates an additional weightage for candidates who are in employment of Government of Odisha/Government of Odisha undertaking / Government of India Public Undertaking located in Odisha and had worked in Rural/Tribal/Backward areas while applying through the category of direct candidates. Additional weightage of 10% of marks secured in the P.G. Entrance Examination per year of completion of service in -Rural/Tribal/Backward areas, subject to the maximum of 30% of marks secured in the entrance examination, in service to be given to those candidates who apply through direct category.