SANJUKTA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Each of these applications under Article 226 of the Constitution is by a Medical Graduate who completed the Rotating Housemanship after 30-6-81 and whose application made for admission into the Resident House Staff Course (hereinafter referred to as 'R.H.S.') for the 1981-82 session has not been entertained. In each of the writ applications the prayer is for a direction to the authorities to entertain the application for admission and to permit the petitioner to sit at the entrance examination and for other consequential directions. Each of the petitioners passed the M.B.B.S. examination in 1980 but completed the Rotating Housemanship after 30-6-81. The prospectus for the R.H.S. course for the 1981-82 session indicated that--

(2.) A counter-affidavit has been filed and there has been denial of the fact that Article 14 of the Constitution has been infringed. Though it has been admitted that in a hurry some candidates who had not completed the Internship by 30-681 had been initially entertained, it has been pleaded that their applications have been ultimately rejected. It has next been contended that the requisite qualifications under para 3 of the prospectus had to be satisfied and since admittedly each of the petitioners did not satisfy the requirement, there was no scope to make grievance

(3.) In the absence of any further material, we must hold that the plea of infringement of fundamental right enshrined in Article 14 of the Constitution does not survive for support to the petitioners.