CHANGDEO NAMDEORAO JUNGHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 of the Constitution of India challenging in this petition the action of the respondents of not providing higher education and opportunity for a public service under the State of Maharashtra, in spite of the fact that they are diploma holders of Medicine & Surgery (D.M. & S.(Rural)) and are duly registered under the Maharashtra Medical Counsel Act, 1965, as according to them, the respondents are infringing the rights and guarantee provided under Articles 14, 16, 19(g), 21, 39(g) and 41 of the Constitution of India.

(2.) The petitioners contended that the respondent- State of Maharashtra have introduced a short medical diploma course of three years' duration in the year 1979-80. On completion of which, the respondent-State conferred a certificate of D.M. & S.(Rural). This diploma course has been discontinued by the respondent- State after completion of two batches of the students admitted to the said diploma course. The petitioners have completed the said course and the respondent has issued a certificate to the petitioners, which is at Annexure-D. On completion of diploma course, the respondent has allowed the registration of the petitioners under the Maharashtra Medical Council Act, 1965 Part-III of the register and the Petitioners are allowed to practice in rural area. However, the petitioners are approaching this Court to issue a writ to respondent No.1 and other respondents to provide service to the petitioners in the Government hospitals or such other departments and provide facilities for higher education in M.B.B.S. Course. They have further prayed to issue a writ or direction to State of Maharashtra to issue to notification or resolution directing the Government department, the Zilla Parishads and the other institutions maintained by the Government or local authorities to take and employ to petitioners and other diploma holders in services under the State, if they are found suitable otherwise, by creating post in the Department of Government of Maharashtra or at least with local bodies. They have further prayed for a direction to respondent Nos. 1,4,6 to 8 to provide facilities for higher education in modern medicine including M.B.B.S. or such other course.

(3.) All these prayers cannot be entertained and considered by this court under Article 226 of the Constitution of India. Whether the services should be provided in the Government or the semi-Government or local bodies to diploma holders and to create a post is a policy decision of the Government. So also laying down the basic qualification for the M.B.B.S. course and other medical courses is a matter for consideration of the Government and Universities and academicians and, therefore, it cannot be a matter of a writ under Article 226 of the Constitution of India and in the result, the petition itself is not maintainable. Therefore, we find that there is no substance in the present petition and, therefore, it stands dismissed. Rule discharged. No order as to costs.