JAIDEEP ARORA Vs. SECRETARY, GOVERNMENT OF M.P.

JUDGEMENT

(1.) THE petitioner has by this petition prayed that the Executive Instruction/rule 3 (iv) (a) of the M.P. Medical and Dental Post Graduate Examination Rules, 1997 requiring five years of regular service may be quashed and the petitioner may be granted admission in Pre -Post Graduate three years' course.

(2.) THE petitioner passed his MBBS examination from Jabalpur Medical College and was appointed in Government service by order dated 24.9.1990 as Assistant Surgeon and has already completed seven years of Government service. Thereafter by order dated 30.5.1997, the petitioner was declared to have completed his probation on the post of Assistant Surgeon from 15.10.1993.

(3.) AS the petitioner had not completed five years of regular service, therefore he could not be given admission to the Post Graduate Course. Hence, the petitioner challenged the said provision by this writ petition. As pointed out in the return filed on behalf of the respondents, the petitioner was subsequently granted sponsorship certificate (Annex/R1) dated 16.12.1997. As a result of this, the bar coming in the way of the petitioner for calling him for counseling had been taken out. However, the petitioner was kept in the wait list, his choice of speciality was Paediatrics. One seat of All India Quota of Paediatrics allocated to the candidate belonging to the ST category by draw of lot is lying vacant. So far as the question of deciding the validity part of Rule 3 (iv) (a) of the Rules of 1997 is concerned, the same does not arise now because the Government has already granted sponsorship certificate to the petitioner. Therefore, no relief of declaring the aforesaid provision as ultra vires can be granted in this case.