BIJAY KRISHNA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Each of these writ applications is by a single but separate petitioner for a direction in the nature of mandamus to the opposite parties for allowing him to undertake the remaining two-year period of the postgraduate course in one of the three Medical Colleges within the State. The petitioners in O.J.Cs. 499/81 and 515/81 want to undertake study in General Surgery while in O.J.Cs. 513 and 514 of 1981 the further study is in Pediatrics and Opthalmology respectively.

(2.) Eight medical graduates possessing M.B.B.S. Degrees, who had applied for undergoing the course prescribed for post-graduate study in different specialties and had been selected in terms of a notification dated 6-1-80, filed a writ application being O.J.C. No. 168/81 for a direction to the State and the Director of Medical Education and Training to allow them to undergo the rest of the post-graduate course in the subjects assigned to them without requiring them to take a further examination at the end of the first year of the course. During the pendency of the said writ application, the petitioner in O.J.C. No. 499/81 and two others applied for intervention. In the judgment delivered in the said case, since reported in 1981 AIR(ORI) 97 (Dr. Siddhartha Das v. State of Orissa), a Bench of this Court held:

(3.) The main point for consideration in the writ application was whether the State Government was entitled to provide an examination after the first year's housemanship for the candidates to continue their study for the rest two years to sit for the examination for the postgraduate degree. This Court found that for certain specialities without any rhyme or reason the examination had been waived while for other specialities such an examination at the end of the first year was insisted upon. The Court, therefore, held (at p. 100) :