V RAJU Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) all these writ petitions admit of disposal by a common order since they are all by in service doctors who had been admitted to the post graduate degree and diploma course in various disciplines of medicine and surgery which courses are run under the aegis of the Mysore university. All of them were admitted to regular courses during the academic year 1987-88 and in the usual course were expected to complete their tenure in the respective disciplines in which they were undergoing instruction and training for a period of 3 years and 2 years respectively depending upon the fact of the course in question being a course in post graduate degree or diploma.

(2.) however, in relation to particular categories of post graduate students admitted to the degree and diploma course, by a regulation passed by the university at regulation 2(b)(ii) the duration of the said coursestood curtailed in the case of post graduate degree by one year and in case of post graduate diploma by 6 months. This exemption was available to students like the petitioners who are all in service candidates being assistant surgeons in the employ of the government.

(3.) the format of the regulation which carried the a fore said exemption apropos the in service candidates underwent an amendment in the year 1986 by a notification dated 14-8-1986 and under the post amendment regulation the benefit of a shorter duration course available to an in service student stood removed while it continued in regard to other categories. The regulations as it stood earlier and as they stood after its amendment has been produced in this writ petition at Annexure 'f. For the sake of felicity it is excerpted as follows:- university of Mysore regulations relating to post graduate courses in medicine regulation No. 2(b)(ii). Existing 1. Service as tutor, demonstrator, lecturer , registrar or assistant surgeon or training as houseman or resident in a teaching institution for one year in the subject of the speciality. Or as amended (1) service as tutor, demonstrator, lecturer, registrar or training as houseman or resident in a teaching institution/hospitals attached to medical colleges for one year in the subject of the speciality.