SAVINAY SHREYASKAR Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Heard Sri.A.Nagarajappa, learned counsel appearing for petitioner and Smt.Shilpa Gogi, learned Additional Government Advocate appearing for respondents 1 to 3. Notice to respondents 4 and 5 stands dispensed with.

(2.) First respondent by notification dated 4th February 2020 and gazetted on 6th February 2020 published draft Rules of the Karnataka Directorate of Health and Family Welfare Services (Recruitment of Senior Medical Officers/Specialised, General Duty Medical Officers and Dental Health Officer) (Special) Rules 2019, in exercise of the power conferred under clause(a) of Sub Section (2) of Section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act No.14 of 1990) and invited objections and suggestions from all persons likely to be affected thereby. Objections and suggestions received came to be considered and in exercise of power conferred under sub section (1) of Section 3 read with Section 8 of the Karnataka State Civil Services Act 1978, the Rules called as Karnataka Directorate of Health and Family Welfare Services (Recruitment of Senior Medical Officers/Specialised, General Duty Medical Officers and Dental Health Officer) (Special) Rules 2020 came to be made and was published in gazette on 16.06.2020 (Annexure-A13). Amongst various category of posts and scale of pay which would carry with it was also specified in the schedule thereunder by fixing the qualification. Insofar as present writ petition is concerned, it revolves around the post of 'General Duty Medical Officers ' (Rs.52,650 - Rs.97,100) whereunder minimum qualification fixed was : "Must possess MBBS degree from a University established by law in India. The General Duty Medical Officers recruited under these rules shall work in the rural areas for a minimum period of six years. "

(3.) Petitioner, who had obtained a Bachelor Degree of Medicine and Bachelor of Surgery from the University of Mauritius on 11th June 2009 (Annexure-A3), submitted a representation to respondents 1 and 2 on 14th July 2020 Annexures A-14 and A-15 contending interalia that under notification dated 16th June 2020 (Annexure-A13), minimum qualification prescribed for General Duty Medical Officers is MBBS degree from a University established by law in India is required to be revised since he has acquired MBBS degree from the University of Mauritius and has also cleared the screening test prescribed by National Board Examination for Indian nationals with foreign medical qualification and has undergone internship in India and has also obtained registration certificate from both Indian Medical Council and Karnataka Medical Council and has been serving as a Medical Officer at Health & Family Welfare Department, Government of Karnataka on contract basis for last three years. It is also contended that eligibility prescribed under the notification dated 16th June 2020 would forbid petitioner and persons similarly placed from applying to the post. As such, eligibility criteria is to be revised by specifying "MBBS degree from any University with Indian Medical Council and Karnataka Medical Council recognition ' ' in substitution to qualification that a candidate "must possess MBBS Degree from a University established by Law in India ".