VARSHA SHREDHAR AMBALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner challenges in this Writ Petition the requirement of three years experience for a Dental Surgeon for admission to the Post Graduate Dental Course in the subject in which she has applied in the reserved category of In-service personnel as arbitrary, discriminatory and violative of Article 14 of the Constitution of India.

(2.) BRIEFLY the facts are that the petitioner obtained a Degree of Bachelor of Dental Surgery (for short `the B. D. S.) in June, 1988 from Nagpur University. She was thereafter duly registered as Dentist with the Maharashtra State Dental Council under the provisions of the Dentist Act, 1948. After obtaining the B. D. S. Degree, the petitioner worked as a Clinical Assistant/house Surgeon from 2-9-1988 to 1-9-1989 i. e. for a total period of one year in the Dental College and Hospital Belgaun of the Karnatak Liberal Education Society, which is a recognised Institution. She was thereafter appointed as tutor (which designation was subsequently changed to that of a Junior Lecturer) in the same College on 3rd October, 1989, in which post, she worked upto 2nd July, 1989 i. e. for a period of about 9 months.

(3.) THE respondent No. 1 i. e. the State of Maharashtra through its Public Service Commission advertised the Post of Dental Surgeon in Maharashtra Educational and Research Services, Class-II. The Petitioner applied for the said post of Dental Surgeon and was duly selected for the same by the Maharashtra Public Service Commission. Accordingly, she was given appointment as a Dental Surgeon in the Govt. Dental College and Hospital, Nagpur by the Order dated 19-11-1990 issued by the Joint Director (Dental) Directorate of Medical Education and Research, Bombay i. e. the respondent No. 3. Her appointment was communicated by the Dean, Government Dental College and Hospital, Nagpur i. e. the respondent No. 2 by his order dated 26-11-1990, after the receipt of which, the Petitioner joined in the post of Dental Surgeon in the respondent No. 2 College with effect from 27-11-1990.