NAZIA KHAN Vs. STATE OF M P

JUDGEMENT

(1.) These two writ petitions are directed against the action of the respondent No.3-Madhya Pradesh Public Service Commission (hereinafter referred to as the PSC for brevity) refusing to accept the applications submitted by the petitioners for taking part in selection for appointment on the post of Medical Officer, on the grounds that though the petitioners are fulfilling the requisite qualifications prescribed in the advertisement, but only because the petitioners are not having the permanent registration with the M.P. Medical Council, their candidature has not been considered. It is contended that in view of the fact that such condition of permanent registration with the aforesaid Council is not essential condition prescribed in the statutory Rules, the PSC has exceeded in exercise of its jurisdiction in prescribing said condition in the advertisement, and that an arbitrary act on the part of the PSC, the petitioners have been denied the opportunity to participate in selection, therefore, they are required to file the writ petition.

(2.) It is contended by the petitioners that they were students in the course of Bachelor of Medicine and Bachelor of Surgery (hereinafter referred to as MBBS for brevity) and have completed their studies. Since the petitioners have qualified in the final examination, they applied before the M.P. Medical Council for their registration as Medical Practitioner. The petitioners were granted a provisional registration certificate by the said Council under Section 11(3) of the M.P. Ayurvigyan Parishad Adhiniyam, 1987 (hereinafter referred to as the 1987 Act for brevity). Thus, they became eligible to take part in the aforesaid selection. The petitioners were undergoing one year compulsory rotating internship training. In the statutory Service Rules made by the State Government in exercise of power under proviso to Article 309 of the Constitution of India, known as M.P. Public Health and Family Welfare (Gazetted) Service Rules, 1988 (hereinafter referred to as Rules for brevity), the requisite qualification for appointment on the post of Assistant Surgeon which is now designated as Medical Officer is only MBBS and not even a training prescribed.

(3.) While entertaining this writ petition, by an interim order, it was directed that the petitioners be permitted to take part provisionally in the selection, but their selection would be subject to final outcome of the writ petition. Upon service of the notices on the respondents, a return has been filed by the PSC and it is contended that all the allegations made by the petitioners are misconceived. The degree of MBBS was not conferred on the petitioner and, therefore, they were not eligible on the last date of filling the on-line form to take part in the selection initiated by the PSC for appointment on the post of Medical Officer. It is contended that only when a degree of MBBS is conferred on a candidate by the University established for the said purposes, such a candidate become eligible to be registered as a Medical Practitioner, by the M.P. Medical Council. The petitioners were undergoing the internship training which was the part of the studies of course for conferral of the degree of MBBS and were having no degree of MBBS on the last date of filling on-line form. Thus, their candidature was not to be considered at all. This being so, action has rightly been taken by the respondent PSC in refusing the petitioners to take part in the selection to be held by the PSC. That being so, it is contended that the petitions are misconceived and deserve to be dismissed.