GEETA BAKADE Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner/Dr. Vijayata Verma in Writ Petition No. 5511/2010 has assailed the constitutional validity of Rule 1.9(l)(c) of Madhya Pradesh Medical and Dental Post Graduate Entrance Examination Rules, 2010 (hereinafter referred to as 'Rules of 2010')

(2.) The petitioner in Writ Petition No. 5511/2010 has submitted that she completed her MBBS course from Nagpur University, Nagpur and thereafter completed internship on 17-1-2002 and got registered as Medical Practitioner in M. P. Medical Council. To have specialization in one of the faculty in medical science, the petitioner joined the course of Diploma in Child Health (DCH) in the year 2003 and successfully completed the same. The State Government through Public Service Commission issued advertisement in the year 2003 for appointment on the post of Assistant Surgeon. After successfully clearing it, the petitioner was appointed as Assistant Surgeon. She also rendered the services in the rural areas. The petitioner appeared in Pre-PG Test 2009 and she qualified in the said examination but was not allowed to participate in the counselling under the Rules of 2009. The petitioner filed Writ Petition No. 5325/2009, the same is pending adjudication. The petitioner could not get admission in M. D. (Pediatrics) in the year 2009. Thereafter examination was held on 14-3-2010 and result was declared on 30-3-2010. The petitioner was shown as qualified. In the remark column of Sponsorship Certificate, it has been mentioned that the petitioner can only opt for M.D. (Pediatrics). The petitioner has submitted that the same remark is illegal, arbitrary and discriminatory. The same has been inserted under the garb of Rule 1.9(l)(c) of the Rules of 2010. The petitioner choice cannot be restricted to M. D. in Pediatrics. The said rule has the effect of restricting the choice of the petitioner. The in-service candidates may not secure enough marks to seek allotment of P. G. seats of their diploma line. Such an incumbent has to be permitted to make the choice and to choose any low merit discipline.

(3.) In Writ Petition No. 5049/2009, the petitioners have assailed the vires of Rule 9(1 )(d) of the Madhya Pradesh Medical and Dental Post Graduate Entrance Examination 2009 (hereinafter referred to as 'Rules of 2009').