SIDHARTHA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Each of the 8 petitioners is a Medical Graduate possessing M. B. B. S. degree. In terms of the prospectus published by the opposite parties for the year 1979-80 the petitioners applied for undergoing the course prescribed for post-graduate study in different specialities and each of them was selected in terms of the notification dated 6-1-1980. Under the prospectus for the year, copy of which is Anne-xure-4 to the writ application, the period of the course is 3 years -- the first year thereof is housemanship. In terms of the prospectus, in certain subjects selection to the post-graduate course entitles the candidates in those specialities to automatically take to the post-graduate course while in certain other specialities with which the petitioners are concerned, at the end of the year, a fresh selection examination is contemplated to entitle those in these specialities to take the remaining two-year course prescribed for the postgraduate degree. The petitioners allege that between 13th January and 23rd January of 1981 each of them completed the prescribed term of one year's housemanship. Opposite party No. 2 caused a notice to be published in the daily Samaj, vide Annexure 10, entitled 'Admission Notice' to the effect that --

(2.) The pleadings relevant for disposal of the writ application advanced by the petitioners are these :-

(3.) In the counter-affidavit of opposite parties attempt has been made to justify the classifications. In para. 14 of the return, the justification for the classification has been pleaded thus:-- "With regard to the averments made in the said paragraph relating to the non-clinical subjects it is submitted that certain subjects were sponsored subjects of the State and these subjects were treated as non-clinical to give incentive to the students in order to get ample number of qualified candidates to man those disciplines and that was necessary in the exigencies of public service. It is reiterated that there has been no irregularity in delinking the post-graduate training from Resident House Staff and also in conducting two separate examinations for post-graduate and Resident House Staff." So far as the publication and cancellation of the advertisement under Annexure 10 is concerned, in paragraph 21 of the return the fact has been admitted.