STATE OF ORISSA Vs. ASIM KUMAR MOHANTY

JUDGEMENT

(1.) These are two appeals by special leave and are directed against a common judgment of the Orissa High Court dated August 3, 1988, whereby the High Court directed the two respondents and another to be admitted to the two year inservice medical post-graduate course for the session 1988-89.

(2.) The Prospectus published by the State Government indicated that the total number of seats were 113 out of which 11 seats were reserved for scheduled castes candidate while 6 were so reserved for scheduled tribe candidates. Paragraph 5.3 of the Prospectus indicated the various classifications and it was stated:therein 'number of general seats to be filled up by inservice doctors of, Government of Orissa is 69.

(3.) The note under paragraph 1.2 of the Prospectus definied 'inservice doctor' as "one who is in the employment of the Government of Or" Government of Orissa Public Sector Undertakings and other Organisations under the Orissa Government and Government of India. This includes all categories of employment like ad hoc, temporary, contract regular or substantive on the date of application'. Paragraph 5.5 laid down that in case of non- availability of candidates for any of the reserved seats, the same will be filled up by general candidates. As against the 23 seats reserved for scheduled caste and scheduled tribe candidates, 10 were available and 13, therefore, were to revert to, the general category.