SHRIRAM OMPRAKASH FAFAT & ORS Vs. STATE OF MAHARASHTRA THROUGH SECRETARY, PUBLIC HEALTH DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally by consent of the parties.

(2.) The present writ petition, filed by six medical officers, seek directions to the Respondents to admit the petitioners to the DHS CPS Courses 2017 and issue orders of deputation to the petitioners so as to enable them to join in the selected institutes, after treating them as "in service" quota candidates for the DHS CPS Course.

(3.) The Petitioners before us are working as Medical Officers with the Public Health Department of the State of Maharashtra, on completion of their MBBS course. The appointments of Petitioner Nos. 1, 2, 4 and 5 as medical officers (permanent basis) in various hospitals run by the Respondent No.1 are of the year 2014; whereas the Petitioner Nos. 3 and 6 have been appointed in the year 2015 and 2016 respectively. The State of Maharashtra with the purpose of encouraging specialized health services has reserved certain number of seats for the PG Diploma Course in favour of such 'in service candidates' and the Medical Council of India has also prescribed certain percentage of reservation for such in service candidates. The State Government through Public Health Department on 17.07.2015 issued a Government Resolution, thereby granting permission for running diploma courses from the year 2015-16 in the hospitals run by the public health department, for conducting diploma courses run by college of physician and surgeon (CPS) Society. It recognized total 8 diplomas to be conducted through the hospitals run by the public health department. The Government Resolution requires strict compliance of the norms prescribed by the college of physician and surgeon and the government resolution also stipulated that the medical officers, obtaining diploma through the said course, would serve the public health department for five years, as bounded candidates. It is pertinent to note that the said government resolution was issued in view of the fact that various posts of specialized doctors are lying vacant in the hospitals run by the public health department. The medical education department is making available 80 to 90 seats for the diploma courses run by them for in service candidates.