S SANTHOSH KUMAR Vs. STATE

JUDGEMENT

(1.) These writ petitions are for issue of a writ declaring that R.1(3) of the Rules made under G.O.Ms. No. 740 M and H dated 22-11-1983 reserving all the seats in Super Specialities in medical faculty in favour of in-service candidates as unconstitutional illegal and ultra vires and direct the respondents to consider the case of the petitioners without reference to the said rule and further direct the respondent to make selection for D.M. Cardiology for two seats.

(2.) The averments in the affidavits in support of the writ petitions may be epitomized. The petitioners having taken M.D. and MS. Degrees are interested in pursuing further studies in Super Specialities of Medical faculty. The petitioners have brilliant academic career and they did not opt to join in Government service with a view to pursue higher education In the State of Andhra Pradesh Super Specialities were introduced in the year 1979. There are in all 14 seats allocated for Super Specialities in different subjects. The number of seats should have been fifteen pursuant to the order of this Court as two seats should be allotted to D.M. Cardiology pursuant to the principles evolved by the Indian Medical Council. For the Post-Graduate courses in various subjects in the medical colleges there is reservation of 15% in clinical subjects, 30% in non-clinical subjects to the eligible Government servants. From the inception there was no reservation in super specialities in the interests of efficiency and as the seats are very few and they did not exceed three in any subject. G.O.Ms. No. 740 M and H dated 22-11-1983 by the Government of Andhra Pradesh providing that in-service candidates alone are eligible to apply for super specialities is impugned as illegal and arbitrary.

(3.) In the common counter-affidavit filed by the Assistant Secretary to the Medical and Health Department, it is stated that the G.O. is issued in exercise of the powers conferred by Sec.3 read with sub-section (1) and S.15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fees) Act, 1983, (Act 5 of 1983). It is stated that treatment is provided in Government Hospitals free of cost and in some cases on nominal charges, and as majority of people cannot afford to go to private hospitals for medical treatment it was considered necessary in the public interest to train doctors who are actually working in the Government hospitals to enable them to serve the public more efficiently and to provide specialised services to them. The courses were introduced for giving training to the in-service doctors in super specialities. The Government is incurring heavy expenditure in the field of post-graduate medical education and they have a right to introduce courses in super specialities to train doctors working in the Government hospitals and teaching institutions for more efficient service. After acquiring the training and qualification in super specialities, the in-service candidates will be of great assistance and will render more efficient service to the public. To ensure the continuity in service after acquiring training and qualification in super specialities Government prescribed, the execution of a bond to serve in the Government, hospitals for a period of five years after completion of the said training. To provide medical facility for the common man it is essential that the persons holding super speciality qualification are made available in the Government hospitals, and with this view R.1(3) was made and doctors working in the Government hospitals is a class by themselves and there is no discrimination and courses can be arranged by the Government to improve their efficiency for the benefit of the public in general.