SWAYAMPRAKASH PANDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) COMMON questions arise for consideration in all these petitions and hence, we are disposing of all these cases by a common judgment. Special Civil Application No. 98 of 2008 is being considered as the lead case. Petitioner therein is working as a Medical Officer, Class-II in Health and Family Welfare Department. He has approached this Court seeking a writ of certiorari to quash Rule 1. 2 provided under the Rules framed by third respondent University for admission to Post Graduate Degree/diploma in Medical Course. Rule 1. 2 of the eligibility criteria reads as follows:-

(2.) PETITIONER submitted an application to the University for admission to the Post Graduate Degree/diploma in Medical course, but his application was turned down by the University on the ground that he has not satisfied the eligibility criteria that a candidate must have completed recognized MBBS or equivalent Course within the State of Gujarat.

(3.) LEARNED counsel for the petitioner Mr. N. K. Majmujdar and Mr. Siraj Gori submitted that the above stipulation is illegal, arbitrary and violative of Article 14 of the Constitution of India and therefore, has to be struck down. Learned counsel submitted that petitioner has been working as a Medical Officer, Class-II in Health and Family Welfare Department of the State of Gujarat and State Government is taking steps to fill-up 694 vacant posts of Specialists having P. G Degree, in various Hospitals, Primary Health Centres, Community Health Centres and Civil Hospitals, and due to non-availability of specialists in the Health Centres proper medical facilities could not be extended to people residing in rural and remote areas of the State, and 50% posts of Specialists now remain vacant in various Government Hospitals, Primary Health Centres, Sub-Centres etc. in the State. It was submitted that services of the specialists are not available to the general public and under these circumstances, with a view to provide health services of specialists to the people residing in rural and remote areas, the State Government decided in the year 2005 to sponsor Government Medical Officers Class-II for Post Graduate Degree and Diploma in the subjects required for providing public health services such as Pediatrics, Gynecology, Anesthesia, T. B etc. on certain conditions so that after completion of such study, they can be appointed as specialists in Government Hospitals and Health Centres and the rural people can get the services of specialists. Counsel submitted that the Government issued Government Resolution dated 18. 7. 2005 for reservation of 10% seats in PG degree and diploma in Government Medical colleges in Pediatric, TB and Chest Diseases, Obstruct and Gynecology, Anesthesia and Preventive and Social Medicine branches on the terms and conditions specified in the said Government Resolution. This reservation was enhanced to 25% and was extended to the PG degree and diploma in Anatomy, Physiology and Pharmacology vide Government Resolution dated 17. 8. 2008. However, due to insistence of the University that only those Medical Officers who had taken their MBBS from the State of Gujarat would only be eligible for admission to P. G Course, most of the posts are fallen vacant. Petitioner has taken MBBS degree from State of Bihar and non-consideration of the application of the petitioner for admission to P. G Degree/diploma Course even though he is in-service candidate, is illegal and violative of Article 14 of the Constitution of India.