SURENDRA SINGH PATEL Vs. STATE

JUDGEMENT

(1.) THE petitioners, who were medical graduates, have been appointed on contract basis under RCH Scheme and continuing since from the date of appointment. It is contended that Madhya Pradesh Professional Examination board (for short `the Board') has the responsibility to conduct entrance examination for the Post Graduates. The state Govt. has framed a set of rules called Madhya Pradesh medical and Dental Post Graduate Course Entrance examination Rules, 2009 (for short `the Rules' ). It is put forth that the aforesaid Scheme is run by Public Health and family Welfare Department of the State of Madhya Pradesh. It is put forth that 85% of the budget is allocated by the central Govt. and the State Govt. has to expend 15% for the said Scheme.

(2.) ACCORDING to the writ petitioners, they are In-service candidates as per the definition in the rules and they had appeared in the entrance examination for Post Graduate course conducted by the Board but the department did not issued sponsor certificate to them as In-service candidates as per the order dated 27. 04. 2009. It is contended that they come within the ambit and sweep of definition clause and there was no warrant not to extend the benefit. In this factual backdrop, a prayer has been made to command the respondent no. 1 to treat them as In-service candidates and to direct the respondent no. 2 to call the petitioners for counseling.

(3.) WHEN this matter was listed, this Court required Mr. Kumaresh Pathak, learned Dy. Advocate General to obtain instructions in the matter.