NIRANJAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Each of these applications under Article 226 of the Constitution is by a doctor in the employment of the State and challenge in each of these applications is to the weightage provided under Clause 5 (1) (b) of the Prospectus for admission into the Post-Graduate Courses at the three Medical Colleges of the State and outside the State for the Session 1981-82. As a common question has been raised in all these applications and counsel for both sides submitted common arguments at a combined hearing, we propose to dispose of all these five applications by a common judgment.

(2.) In all these cases except O.J.Cs. 1962 and 2294 of 1981, the facts pleaded are these. The petitioners are Medical Graduates in the employment of the State. While the petitioner of O.J.C. No. 2010 of 1981 is a member of the Scheduled Caste, the petitioner in each of the other two cases is not. Medical service under the State Government is divided into two broad categories: (a) teaching posts confined to the three Medical Colleges being the S.C.B. Medical College at Cuttack. the M.K.C.G. Medical College at Berhampur and the V.S.S. Medical College at Burla affiliated to the Utkal, Berhampur and Sambalpur Universities respectively and (b) service in the periphery which is the other category consisting of employment both in urban and semi-urban areas as also rural areas, Under the service rules, service was interchangeable between the two broad calegories until some years back. but by rules made under the proviso to Article 309 of the Constitution, such practice has been abandoned. Employment in the two categorries, therefore, has now become separate and independent of each other, Each of these three petitioners applied for seats in the Post-Graduate Course in terms of the Prospectus for the 1981-82 session and none of them has been selected. In these three applications, challenge is mainly to the provision for weightage in the prospectus which according to the petitioners has been utilised to boost up claim of others in preference to theirs. The petitioner in O.J.C. 1'962 of 1981 did not apply for admission, but simply challenges the Prospectus providing weight-age. It is he who challenges the provision in Clause (ii) (c) of paragraph 1 of the Prospectus where two seats have been reserved for Medical Officers who have become unsuccessful in Post- Graduate examinations outside the State. The petitioner in O.J.C. No. 2010 of 1981 has raised an additional contention namely, though 15 per cent of the seats are stipulated to be reserved for Scheduled Castes candidates, while implementing this policy, adequate reservation has not been made; and if subject wise reservation had been made, the Scheduled Castes candidates would not have been prejudiced at all and they would have got their preferences in respect of the 15 per cent seats. In O.J.C. No. 2294 of 1981, the petitioner, apart from being a Medical Graduate, possesses Post-Graduate M.S. Degree and is a Clinical Tutor in the Department of Neuro-Surgery In the S.C.B. Medical College, Cuttack. In 198182 provision for the first time was made for teaching facility in the super speciality, i.e. M.Ch. in Neuro-Surgery. The petitioner applied for being selected for undergoing such course. He has alleged that he was a more meritorious student than the two who have been selected, but he was not selected mainly on account of the provision for weightage for service in rural area. He has. therefore, joined the other group of candidates who wanted admission into the Post-Graduate course challenging the provision for weightage. He has pleaded that the Professor of the Department as also the Director of Health have recommended that as against two seats in the super speciality for which provision had been made, an additional seat be created and the petitioner be admitted as he is eminently suitable for getting the super speciality degree.

(3.) In the counter-affidavits filed in these cases which are more or less on the same lines, it has been pleaded that provision for weightage in Clause 5 (1) (b) of the Prospectus was necessary in view of the fact that majority of the posts of Medical Officers is in the rural areas. Doctors do not accept postings in rural areas and when transferred avoid to accept such posting. Under the rules, for promotion to different posts of specialists as also to posts of Sub-Divisional Medical Officers and Chief District Medical Officers, Post-Graduate qualification is necessary. Post-Graduate degree is also necessary for promotion to the rank of Class I in Medical Service under the Directorate. With a view to giving proper incentive and appropriate bias for acceptance of posting in rural areas and with a view to providing due promotional prospects and for increasing efficiency of the medical service in the rural areas and in keeping with the recommendation of the Indian Medical Council, provision was made in Clause 5 (1) (b) of the Prospectus. Such weightage is not only reasonable and wholesome but is in keeping with the well-accepted policy of Government that the majority of the citizens of India who live in the rural areas should have adequate medical care. It has next been pleaded that the reservation of 15 per cent of the Post- Graduate seats for members of the Scheduled Castes and 5 per cent thereof for members of the Scheduled Tribes is a reasonable reservation and since such reservation is in keeping with the constitutional mandate, there can be no challenge to it. In subjects where there are less than 6 seats in all, there can be no reservation. Therefore, subject-wise reservation has been provided where more seats are available. keeping the ratio of reservation in view. The general scheme is not open to attack.