MITALI CHAUDHRY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The order passed in this petition will also govern the disposal of Misc. Petn. No. 3560 of 1989 Dr. (Smt.) Anshu Gupta v. State of M.P. as both the petitions raise a common question of law and facts for determination by this Full Bench.

(2.) Differing with the view expressed by the earlier two Division Benches of this Court, in Dr. (Mrs.) Anju Gupta v. State of M. P., M.P. No. 666 of 1981, decided on 4-8-1981 and Smt. Tanuja Singh v. State of M.P., M.P. No. 1169 of 1988, decided on 30-8-1988; another Division Bench of this Court has made this reference to examine and decide the constitutional validity of Rules 3 and 4 of 1984 Revised Rules framed by the Government of Madhya Pradesh, for selection of the candidates for appointment as House Job Officers in the Medical Colleges of the State. That is how this petition has been placed before this Full Bench.

(3.) Before we refer to the impugned Rules, it would be appropriate to briefly state the facts, in the context of which, the question of examining the constitutional validity of the impugned Rules, has been referred for our decision. Dr. Smt. Mitali Choudhary, the petitioner in Misc. Petition No. 2223 of 1989 completed her M.B.B.S. degree course from Medical College, Raipur and commenced her internship in the said College. During the continuance of her internship at Raipur, she was wedded to Dr. Deepayan Choudhary of Rewa and, therefore, she shifted from Raipur to Rewa and completed her internship in the Medical College, Rewa. The Dean Medical College, Rewa respondent No. 3 issued a notification dated 1-2-1988 inviting application for admission to institutional house-jobs from candidates who had graduated from Medical College, Rewa. Dr. Smt. Mitali Choudhary also made an application for her admission to house-job in the discipline of Opthalmology while she was doing her internship at Raipur. The Dean Medical College, Rewa prepared two separate select list, one for institutional candidates and another for out-siders, on the basis of percentage of marks obtained by the candidates in their M. B. B. S. examination. The petitioner Dr. Mitali Choudhary in M.P. No. 2223 of 1989, having obtained 56 per cent marks, was placed at serial No. 6 in the list of outside candidates. Some times after filing of this petition, the petitioner Dr. Mitali was granted admission for house-job in the discipline of Pathology but not in the discipline of Opthalmology which was her first choice.