ANAND DAS SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE Order of the court was delivered by :

(2.) IN this petition the petitioners inter alia have challenged the validity of rule 9 (1) (a) of M.P. Medical and Dental Post Graduate Course Entrance Examination Rules, 2012 (in short 'the Rules'). The petitioners also seek quashment of the order dated 28.1.2012 (Annexure P-4) issued by the Commissioner, Health Services by which the petitioners who are working as Medical Officers on contract basis in Reproductive Child Health Programme have been excluded from the category of in-service candidate. The petitioners have also prayed for a direction to the respondents to make payment of stipend to them.. In order to appreciate the petitioners' grievance reference to few facts is necessary which are stated infra.

(3.) LEARNED counsel for the petitioners submitted that rule 2 (d) of the Rules describes 'in-service candidate' to mean medical officer of the Government of Madhya Pradesh, who is serving under the Government of Madhya Pradesh on regular or contract basis. It is further submitted that rule 9 (1) (a) of the Rules is contradictory to rule 2 (d) of the Rules and is violative of Article 14 of the Constitution of India and, therefore, rule 9(1) (a) of the Rules is liable to be struck down. In support of his submissions, learned counsel for the petitioners has placed reliance on a decision of the Supreme Court in AIIMS Students' Union v. AIIMS and Others, (2002) 1 SCC 428 and a decision of Division Bench of this Court in Shailu Mangal v. State of M.P. and Others, 2009 (3) MPHT 16.