SRI KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) ATTACKING vires instead of virus has become regular feature for doctors seeking selection to the Resident House Staff Assignment (in short 'RHS'), Post Graduate Courses (in short 'PG')and Higher Specialties in the three Government medical colleges of the State. It does not indicate a Wealthy state of affairs in the Department of Health and Family Welfare of the Government of Orissa. The malady continues in spite of several Judicial operations undertaken by the Supreme Court and this Court to prevent it. The present three writ applications involve challenge to paragraph 7.5 of the prospectus issued for selection of candidates for the aforesaid courses relating to year 1930 -91. Since the grounds of attack and defence are common, the writ applications are disposed of by this common judgment which shall govern each one of them.

(2.) APPLICATIONS in the prescribed form were invited, for selection of candidates for the Three Year P. G. Courses including one year of RHS Alignment and two year P. G. courses. The farmer course was intended for direct candidates, and those in -service candidates not covered by the impugned paragraph, while the latter course was prescribed for in -service candidates having requisite eligibility as prescribed in paragraph 7 -5. The minimum qualifications prescribed for both the courses have been laid down in paragraph 7 including allegedly offending paragraph and relevant portion reads as follows:

(3.) ELABORATING their grounds of attack, the petitioners have submitted that after this Court has deprecated the exclusion of doctors of certain categories in Dr. jagannath Behera's case (supra), the malady has continued in the prospectus under consideration and deserves to be judicially dissected and removed. The State has countered the alegations or the ground that keeping in view the guidelines indicated by the Supreme Court in Dr. Pradeep Jain etc etc. v. Union of India and Ors. : AIR 1984 SC 1420 : Dr. Dinesh Kumar and Ors. (1) v. Motilal Nehru Medical College Allahabad and Ors. : AIR 1985 SC 1049 and Dr. Dinash Kumar and Ors. (II) v. Motilal Nehru Medical College, Allahabad and Ors. : AIR 1986 SC; 1877, 25% of the seats were available for the candidates qualifying in the All -lndia Entrance Examination and there was no scope for any grievance as doctors serving in the Army or under Central Government or its Public Sector Uudertakings could come through that channel.