DR. CHATURBHUJ MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Learned Counsel for the Petitioners acknowledges that the writ petition has become infructuous in so far as Petitioner No.3 is concerned as he was not declared eligible to be considered as an in - service candidate and to which no challenge has been laid out in the writ petition. The writ petition is dismissed with regard to Petitioner No.3 as being without merit.

(2.) Petitioners No. 1 and 2 after completing their MBBS course and Internship joined the Health Services of the State Government and are said to have worked in remote rural areas also. The State Government framed the Chhattisgarh Medical and Dental Post-Graduation Entrance Rules, 2013 (hereinafter referred to as 'the Rules of 2013'). Rule 5(2) provided for reservation of seats for in -service candidates. In -service candidates were defined in Rule 2(9) as persons in the services of the State Government including those from the Health Department as also the Medical Education Department. It further provided that preference was to be given to candidates from the Health Department in admission and if vacancies remained thereafter then only candidates from the Medical Education Wing could be considered for grant of admission as in -service candidates. Rule 11 provided for grant of bonus marks to in - service candidates based on the criterias provided therein.

(3.) Learned Counsel for the Petitioners submitted that advertisement was published by the official Respondents when the Rules of 2013 were in force. The examination was held on -line from 24.11.2013 to 6.12.2013. The results were published on 29.1.2014. Before the first counseling was held on 27.3.2014, the Respondents amended the rules on 6.2.2014 and did away with that part of Rule 5(2) providing preference in admission to in -service candidates from the Health Department first only after which the remaining vacancies could be filled up by in -service candidates from the Medical Education Wing. It was submitted that once the advertisement had been published, the examination held and the results published, the criterias for selection of in -service candidates could not have been changed. The writ petition was filed without delay on 16.4.2014 immediately after the first round of counseling on 27.3.2014. The next submission was that the Chhattisgarh Medical Colleges Admission to Post -Graduate Entrance Act, 2002 (hereinafter referred to as 'the Act') provided in Section 4(2) that the rules framed thereunder were required to be laid before the Vidhan Shabha. The subject rules have never been laid before the Vidhan Sabha. In support of the latter submission, reliance was placed on AIR 2000 SC 2870 (Quarry Owners Association v. The State of Bihar) to submit that even if it did not invalidate the rules nonetheless the State is required to comply with the Act by placing the Rules before the Vidhan Sabha as otherwise it is left to the arbitrary discretion of the State to ignore statutory acts and rules. Special emphasis was laid on discussion contained in paragraph 48 of the judgment.