DR. HEMANT DIGAMBAR WAIKAR Vs. THE CHAIRMAN, SELECTION COMMITTEE INDIRA GANDHI CORPORATION MEDICAL COLLEGE, NAGPUR AND OTHERS

JUDGEMENT

(1.) This petition raises a short question of interpretation of the rules framed by the State of Maharashtra, respondent No. 3 to this petition, governing the appointments to the post of Housemen in the State. The relevant Resolution No. MCG-2571-24499. Q was passed on the 26th of June 1971.

(2.) The facts giving rise to this petition are no more in dispute. The petitioner was successful in his Final M B.B S. Examination and had also done a Houseman's job in general medicine between the period from 1st Aug. 1977 to 31st Jan. 1978. Rules for the appointment of Housemen provide that these posts should be advertised every six months and applications would be invited by the concerned authorities at the end of Jan. and again at the end of July every year. Accordingly applications were invited on the 27th Jan. 1978 for appointment to the post of Housemen and Registrars at the Indira Gandhi Corporation Medical College, Nagpur by the Dean. The interviews were to be held on the 28th and 30th Jan. 1978 for posts on the College side and on the hospital side, a distinction which has been made by the authorities to which we shall come later.

(3.) The petitioner applied for both the posts i. e. one on the College Side as well as on the Hospital side. On the 31st of Jan. 1978, it appears that he was given an appointment as a Houseman on the general medicine side in the branch of skin and venereal diseases. It may be stated that he was not called for interview on the 29th of Jan. 1978.