OMPRAKASH LAKHWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the contractual appointment of respondent No. 6 Dr. S. K. Neema to the post of Assistant professor in the Department of Orthopedics in G. R. Medical College, Gwalior on the ground that his appointment is contrary to the rules framed by the medical Council of India.

(2.) FACTS of the case, briefly stated, are that the petitioner had obtained his MBBS degree from Jiawaji University, Gwalior in the year 1994. He had successfully completed three years Post Graduate Course in Orthopedics from m. G. M. College, Indore in the year 2003. After completing his MS course in the year 2003, he applied for the post of Assistant Professor on contractual basis in pursuance of an advertisement issued by the Directorate of Medical Education, madhya Pradesh, which is Annexure P-8. This advertisement was issued on 22-7-2004 inviting applications for various posts. Petitioner as well as respondent No. 6 applied for the said post. After facing selection process, the selection Committee found respondent No. 6 to be more meritorious and appointed him as Assistant Professor in G. R. Medical College at Gwalior. Petitioner was also selected in the said selection, but he was placed lower in merit than respondent No. 6 hence he was posted at Rewa Medical College.

(3.) CONTENTION of the learned Counsel for the petitioner is that the course, i. e. , M. S. (Orthopedics) is not recognised by the Medical Council of india in G. R. Medical College, Gwalior from where respondent No. 6 has obtained M. S. (Orthopedics) degree, hence, he is not eligible for appointment to the said post.