VENKATESH RATHOD Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER , a Doctor with MBBS qualification desirous of pursuing his post graduation has preferred this writ petition, inter alia with a prayer for a writ of mandamus to the respondents to consider his representation dated 04.03.2014 for admission to the post graduate course as an "in service candidate".

(2.) PLEADINGS in the writ petition disclose that petitioner after obtaining a degree in MBBS in 2009 was appointed as a Medical Officer with the State Government. He began his service on 17.09.2010 from the Primary Health Centre, Kanavi, Gadag District. As per extant rules, an "in service candidate" desirous of pursuing his higher studies was required to complete three years of service. By a notification dated 23.11.2013 amending Sub Rule (2) of Rule 3 and clause (a) of Sub Rule 1 of the Rule 10 of Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma course Rules 2006 ("2006 Rules" for short) the eligibility criteria to apply for post graduation course was increased from three years to five years. The petitioner having realised that he was rendered ineligible for consideration of his candidature for post graduation course pursuant to amendment applied for a seat as a private candidate without reference to his service in the State Government. In the meanwhile, similarly situated doctors challenged the 2006 Rules in W.P. Nos. 845 -846/2014 and connected petitions before the Principal Bench of this Court and vide order dated 29.01.2014, this Court granted an interim order of stay of the said Rules and directed petitioners therein to submit online application on or before 30.01.2014 for the academic year 2014 -15. So far as the petitioner is concerned, his application having been filed as a private candidate was considered in the general quota and he was permitted to appear for the examination, wherein he secured 3051st rank.

(3.) WE have heard Shri J.S. Shetty, learned counsel for the petitioner and Smt. Veena Hegde, Shri Shivakumar S. Badawadagi and Shri P.N. Hosamani, learned Counsel for the respondents.