ROHIDAS MARUTIRAO WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner in this writ petition has appeared for the entrance examination for the super speciality course for the year 1990. He sought admission to the super speciality course in a seat reserved for in-service candidates coming from ESIS/department of Health Services as the petitioner is employed by the Department of Health Services. Under a Government Resolution dated 21st August, 1990 passed by the Government of Maharashtra, Medical Education and Drugs Department, it is stated that the Government of Maharashtra and the Municipal Corporation of Greater Bombay are running teaching units and provide medical treatment services in super specialities in the hospitals of the Government of Maharashtra and Municipal Corporation of Greater Bombay. To train doctors already in the services of the State Government, Bombay Municipal Corporation and Employees State Insurance Corporation for post graduate education in broad specialities the Government has already provided suitable reservation for in service candidates vide their Resolution dated 6th January, 1990. On the same lines 25% seats in super specialities are to be reserved as under :

(2.) AS per the application form which was required to be filled in by the candidates, in-service candidates were required to submit a certificate on or before 22nd December, 1990 from either the Directorate of Medical Education and Research or the Director of Health Services or the Director. ESIS Maharashtra or the Deputy Municipal Commissioner, Bombay, as the case may be, to, the effect that the candidate is in the service of the concerned institution and fulfils the requirements to be considered as an in-service candidate. The form of the certificate is as follows

(3.) THE petitioner did not submit the certificate in the required form on or before 22nd December, 1990. He, however, submitted a certificate dated 26th November 1990 from the Director of Health Services, Bombay, giving details of his service. The 3rd respondent herein wrote a letter dated 24th November, 1990 to the concerned authorities requesting them to issue the necessary certificates to candidates who fulfil the criteria as in-service candidates as per rules existing in their departments. No reply was, however, received from respondent No. 4. The date for submitting the certificate expired on 22nd December, 1990. However, on 19th January, 1991 the 3rd respondent received the service record of the petitioner from the 4th respondent without any certificate or recommendation of respondent No. 4. Finally to help all in-service candidates the 3rd respondent called a meeting of all the concerned authorities viz. , the Director of Health Services, the Director of Medical Education and Research, the Commissioner of Bombay Municipal Corporation and the Director of the Employees State Insurance Scheme to take a final decision in the matter as to who should be considered as an in-service candidate for giving admission to the super speciality course. In this meeting also the 4th respondent did not remain present. One more effort was made requesting the Director of Health Services for approval of names of in-service candidates working under his authority but this approval was not given. In these circumstances the petitioner was not considered as an in-service candidate employed by the Department of Health Services entitled to a reserved seat in that category. Therefore, he has not been selected for the super speciality course. According to the petitioner as he was in fact in the employment of the Director of Health Services he was entitled to be treated as an in-service candidate and should have been given a seat reserved for that category. He has further submitted that his service record was before the super speciality board which would indicate that he was in the employment of the Director of Health Services. Hence furnishing of a prescribed certificate in this connection was a mere technicality and he should not have been deprived of the reserved seat.